Same-Sex Custody Battle Heads to Supreme Court TALLAHASSEE, Fla. (AP) -- A custody battle between two lesbian former partners now will be decided by the Florida Supreme Court.
An appeal in the case was filed with the court late Thursday. The women were identified by initials only.
One partner donated an egg that was fertilized and implanted in the other partner. The relationship ended and the birth mother moved herself and the child to Australia without telling the biological mother. That woman later located them.
The 5th District Court of Appeal in Daytona Beach last year sided with the biological mother and said both women have parental rights to the child.
A trial judge had earlier ruled that the biological mother had no parental rights though he disagreed with the law and hoped he would be reversed.