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What is Gestational Surrogacy?

If you are a married couple looking to bring a child into your life but cannot conceive yourselves, you may be a candidate for gestational surrogacy.

Gestational surrogacy is a legally recognized process and alternative to traditional child birth. A couple contracts with a woman (also known as a “surrogate”) who will give birth to a child. The couple will use their own sperm and/or egg, with or without donated genetic materials, to create a fertilized egg. The fertilized egg will then be transferred to the surrogate. There is no biological connection between the surrogate and the fertilized egg. This means that the surrogate has no legal rights to the child that is born. The couple quickly become the legal parents to the newborn child.

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Florida Supreme Court Rules Lesbian Egg Donor Has Right to Partner’s Child

In a landmark decision in the matter of D.M.T. v. T.M.H., the Florida Supreme Court ruled that a woman who donated her fertilized egg to her partner, who in turn gave birth to a child, has a right to parent the child.

Last year I summarized the facts of this case when it was going through the Fifth District Court of Appeals of Florida:

Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

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