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Court Certifies Question on Paternity

The Second District Court of Appeals Ruling on Paternity: Establishment Standing was that a sperm donor who is not a member of the commissioning couple and has not executed a preplanned an adoption agreement waives any right to interfere with the child’s upbringing. Section 742.14 does not require artificial insemination to be performed in a clinical or laboratory setting in order for statute to apply. This conflict was certified. Trial court did not err in denying sperm donor’s petition for determination of paternity. This question was certified because of the ruling in Enriquez v Velazquez, 350 So. 3d 147 (Fla 5th DCA 2022). 

In the Second District Court of Appeals case, AGR donated his sperm to lesbian couple Ashley Brio and Jennifer Salas. ANIB was successfully impregnated using AGR’s sperm via artificial insemination at home. Two weeks after learning the artificial insemination was successful,  ANIB and JS married. When the child was born, the birth certificate listed ANIB and JS as parents. A little more than a year after the child was born, ANIB and JS separated. ANIB moved out of the marital residence and took the child with her. AGR subsequently petitioned the trial court for determination of paternity. The trial court denied the petition concluding that AGR did not have standing to petition for paternity based on its interpretation of section 742.14, Florida Statutes (2020). 

AGR argued that the trial court erroneously applied 742.14 when it concluded that AGR did not have standing to petition for paternity. Then he conceded that argument. AGR argued that the court should recede from its ruling because of the Fifth District Court of Appeals case Enriquez v Velazquez. 

The court discussed chapter 742 of the Paternity statute in Florida. It also discussed the two cases that are in conflict from the Second District Court of Appeals and The Fifth District Court of Appeals. Now the conflict between the two District Courts has been certified so that the Supreme Court of Florida can determine which law will control in the State of Florida. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.