Generally, a man that is the biological father of a child can seek parental rights. Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida case, a former couple called on a court to determine whether a man had paternity rights over a child born via IVF. If you need assistance with a paternity matter, it is advisable to speak to a Florida paternity lawyer to determine what steps you can take to protect your interests.
The Facts of the Case
It is reported that the father and the mother were involved in a romantic relationship, during which they entered into a contract to have a child via in vitro fertilization. The IVF transfer took place in September 2019, but the parties ended their relationship a month later. The child was born in June 2020. Shortly thereafter, the father filed a paternity lawsuit seeking parental rights on the grounds that he and the mother were a commissioning couple as defined by Florida law.
Allegedly, the mother moved to dismiss his petition, arguing that he was merely a sperm donor. During the hearing on the motion to dismiss, the trial court sought evidence from both parties without notice, after which it found the parties were a commissioning couple and granted the father parental rights. The mother appealed, arguing that the trial court violated her due process rights by holding an evidentiary hearing without notice. Continue reading ›