Florida Supreme Court Rules Sperm Donor Cannot Be Denied Paternity Rights

 

 

PP Cherian

Florida: The Florida Supreme Court has ruled that a man who donates sperm for home insemination does not automatically lose his paternity rights. The court's decisive ruling was made by a majority of 4-3.

Angel Rivera donated sperm to Ashley Brito and Jennifer Salas to have a child. The couple had a baby through the home procedure. They later married but separated a year later. Following this, Rivera approached the court to be recognized as the legal father of the child.

The court observed that the 1993 law that only uses sophisticated lab technologies such as in vitro fertilization (IVF) does not apply here.

Justice Jamie Groschans ruled that Rivera could not be considered to have relinquished his paternity rights because the insemination was a simple procedure performed at home.

The dissenting judges expressed concern that the decision would create a situation where a child would have three parents. They also noted that it could affect the existing legal system that requires a child to have two parents.

However, Rivera must meet other legal criteria for final paternity. The court has only stated that he cannot be excluded under this law at this time.