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What Rights Does an Unmarried Same Sex Couple Have Regarding A Co-parenting Agreement in Orlando, Florida?

A co-parenting agreement between a biological parent and a nonparent is not enforceable under Florida Law. The case of Christy Dale Springer v. Nicole Ann Springer (2nd DCA July 19, 2019), involved a child born to Nicole Ann Springer (the Biological Mother) while she was in a same-sex relationship with Christy Dale Springer (the Former Partner). The Former Partner appealed an Order on Mother’s Verified Motion to Dismiss that dismissed the lack of standing for the Former Partner’s amended petition for declaratory relief in which she sought a recognition of parentage and time sharing. The appellate court affirmed the trial court’s ruling.  

The facts were as follows: the parties met and began a relationship in Ohio. In spring 2013, they began discussing forming a family. The Biological Mother later became pregnant by an intrauterine insemination procedure in which her egg was fertilized by donor sperm. The Former Partner paid for the sperm used in the procedure, but she had no biological connection to the child. Before the Child was born, the Former Partner researched online and found a document which addressed co-parenting. The parties signed a co-parenting agreement on June 24, 2014, which referred to the child to be born as our child and expressed the intention for the parties to jointly and equally share parental responsibility. But the agreement recognized that under the law their power to contract regarding the child was limited. The agreement also stated that the law will recognize the Biological Mother was the only mother of the child. The child was born on July 14, 2014. The parties moved to Florida with the child in May 2015 and later separated. They never married, and the Former Partner did not adopt the child. 

In her amended petition, the Former Partner sought to be recognized as a legal parent of the child and to be awarded parental responsibility and time-sharing pursuant FS 61.13(2)(c)(1).

However, a co-parenting agreement between a biological parent and nonparent is not enforceable under Florida Law. The time-sharing provisions of 61.13 apply to parents, not nonparents, and that a de facto parent on same sex relationship has no standing to seek time sharing. The Florida Supreme Court has held that the lesbian partner who was the birth mother had parental rights protected by constitution that prevailed over claims of partner who was neither the biological nor legal mother, even though the couple clearly intended to raise children together. 

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. at 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 it does not form an attorney client privilege.