– In a recent Oklahoma family court decision, it was ruled that a non-gestational partner in a lesbian couple has no parental rights if she did not adopt the child born during the marriage, despite co-parenting the child.
– The couple used in vitro fertilization to have a child together, and both partners’ names were listed on the baby’s birth certificate. They co-parented the child for two years before separating and filing for divorce.
– Initially, the non-gestational partner was denied custody and visitation with the child, and her name was ordered to be removed from the birth certificate. However, a rehearing was granted, and the judge ultimately restored the non-gestational partner’s legal mother status. 1. Same-sex marriage is legally recognized in Florida since January 6, 2015, giving same-sex couples the same rights as heterosexual couples in divorce, parenting, and time-sharing.
2. Same-sex couples may face unique challenges in divorce, such as the family law court not considering anything that happened before the couple’s legal marriage and the calculation of the length of marriage for alimony purposes being from the date of legal marriage.
3. It is not clear whether the principle of legitimacy for children born or conceived during a heterosexual marriage applies to same-sex marriages in Florida. 1. The presumption of legitimacy was applied in a same-sex marriage case in a Florida appellate court.
2. The non-biological spouse can enforce parental rights for children born before the marriage in a same-sex marriage, based on Section 742.091, Florida Statutes.
3. The case of McGovern v. Clark, 298 So. 3d 1244 (Fla. 5th DCA 2020) is the only reported Florida appellate decision on this issue and should be closely watched.
https://www.henlaw.com/news-insights/family-law-and-lesbian-parental-rights/
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