Which comes first—the womb or the egg? That’s the question at the heart of an ongoing custody battle between two lesbians that could change the legal definition of motherhood and the rights of sperm and egg donors.
Eight years ago, the two unnamed women—both law enforcement officers in Florida—decided to have a child together. One partner donated an egg, which was fertilized by a donor’s sperm and then implanted in the other partner. But the couple split up in 2006 and the birth mother eventually fled to Australia without a word to bio-mom.
The two are currently in Florida State Supreme Court fighting over custody of their now 8-year-old daughter.
Obviously, the case has implications for anyone using a surrogate or egg donor. At first, a judge found in favor of the birth mother—saying the biological had no rights under Florida law—but indicated he hoped his ruling would be overturned. It later was, and is now being heard by the state Supremes.
Jeez, if this were an episode of Harry’s Law we’d say it was far-fetched.