It's kind of like a tale of what came first, the chicken or the egg? A lesbian couple is in a bitter and unique custody battle. Both women claim they are the "real" mother of their young daughter.
After the couple split, one woman insisted she was the mom because she provided the egg.
The other said, "I don't think so", and claimed she was more of the mother because she actually carried and gave birth to the child.
The dispute had ended in a Florida court, with judges split on the issue. They also need to bring the laws up to date in a world with a growing number of same-sex parents. 'This is a unique case and the appellate courts in Florida have never before considered a case quite like it,' said a ruling by the 5th District Court of Appeal that gave parenting rights to both women.
According to The Daily Mail, the couple – both law enforcement officers - had been in a committed 11-year relationship when they decided to try for a baby, court records show. But they soon discovered that one of them, a 39-year-old, was infertile.
After seeking the help of a reproductive doctor, and anonymous donor, the other woman, then aged 34, donated an egg that was implanted in her girlfriend's womb and the baby was born in January 2004.
Both women raised the child until she was 2 years old. After the couple ended their relationship, the woman who bore the child left the country with the little girl. The egg-donor mother tracked the two down in Australia, and both have since returned to Florida for the custody battle.
Since Florida law states that a woman who gives birth is legally the mother, a circuit judge first ruled in favor of the woman who bore the child, adding that it broke his heart having to do so. But last week a state appeals court in Daytona Beach overturned the decision.
According to the Orlando Sentinel, "The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and gave parenting rights to both women. State law, it added, has not kept up with the times."
"This is a unique case, and the appellate courts in Florida have never before considered a case quite like it," the court said.
Nancy Polikoff, a law professor at American University Washington College of Law who specializes in LGBT family issues, says the decision is an important one.
"Any ruling that supports the right of a same-sex couple ... is important for its willingness to recognize that these families exist and a child raised in this environment shouldn't be forced to give up a parent," the Sentinel quotes her as saying.
So who do you think is the "real mom"?
Get in on the dish. Send me your tweets: twitter.com/maggiesworld or emails: maggie@39online.com or comment on the Online Dish Facebook fan page.
And that's today's helping of Online Dish.
After the couple split, one woman insisted she was the mom because she provided the egg.
The other said, "I don't think so", and claimed she was more of the mother because she actually carried and gave birth to the child.
The dispute had ended in a Florida court, with judges split on the issue. They also need to bring the laws up to date in a world with a growing number of same-sex parents. 'This is a unique case and the appellate courts in Florida have never before considered a case quite like it,' said a ruling by the 5th District Court of Appeal that gave parenting rights to both women.
According to The Daily Mail, the couple – both law enforcement officers - had been in a committed 11-year relationship when they decided to try for a baby, court records show. But they soon discovered that one of them, a 39-year-old, was infertile.
After seeking the help of a reproductive doctor, and anonymous donor, the other woman, then aged 34, donated an egg that was implanted in her girlfriend's womb and the baby was born in January 2004.
Both women raised the child until she was 2 years old. After the couple ended their relationship, the woman who bore the child left the country with the little girl. The egg-donor mother tracked the two down in Australia, and both have since returned to Florida for the custody battle.
Since Florida law states that a woman who gives birth is legally the mother, a circuit judge first ruled in favor of the woman who bore the child, adding that it broke his heart having to do so. But last week a state appeals court in Daytona Beach overturned the decision.
According to the Orlando Sentinel, "The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and gave parenting rights to both women. State law, it added, has not kept up with the times."
"This is a unique case, and the appellate courts in Florida have never before considered a case quite like it," the court said.
Nancy Polikoff, a law professor at American University Washington College of Law who specializes in LGBT family issues, says the decision is an important one.
"Any ruling that supports the right of a same-sex couple ... is important for its willingness to recognize that these families exist and a child raised in this environment shouldn't be forced to give up a parent," the Sentinel quotes her as saying.
So who do you think is the "real mom"?
Get in on the dish. Send me your tweets: twitter.com/maggiesworld or emails: maggie@39online.com or comment on the Online Dish Facebook fan page.
And that's today's helping of Online Dish.
