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FL Judge Allows gay Couple, Biological dad on birth Certificate

On behalf of The Law Offices of Cindy D. Sackrin posted in Paternity on Monday, February 11, 2013.

A South Florida judge has approved a private adoption that lists a gay man and lesbian couple as parents of the child on the birth certificate. The paternity case, involving the gay man and his lesbian friends, has been going on for two years.

The lesbian couple were married in another state and previously tried, unsuccessfully, to become pregnant through the fertility clinic process. Based on a verbal agreement, the child was conceived. Florida law specifies that sperm donors do not have legal rights, however, the man in this case claims that he viewed himself as a father and that is what the women wanted.

After the child was born, the women approached the biological father with a document requesting that he give up all his parental rights. Recently, the parties agreed that the birth mother will receive "sole parental responsibility" for the child. The other mother has adopted the child. The father's paternity has been acknowledged and he will receive visitation. The women will be financially responsible for the child. The lesbian couple is considering becoming pregnant with another child and their attorney has advised them to have a formal agreement beforehand.

Paternity establishes the legal identity of the biological father of a child. The legal action by which paternity is determined is called a paternity action. If paternity is disputed and not voluntarily agreed upon, the determination is achieved through a DNA test that can either be agreed to or ordered by the court. Fathers that are not married when a child is born must establish legal paternity to enjoy their parental rights. An experienced family law attorney can help Floridians navigate actions to establish parental rights, even in a non-traditional family situation.

Source: Miami Herald, "Miami-Dade circuit judge OK's plan for gay man, lesbian couple to be on daughter's birth certificate," Steve Rothaus, February 6, 2013.

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