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AAB v. BOC

112 So. 3d 761 (2013)

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AAB v. BOC

Florida District Court of Appeal

112 So. 3d 761 (2013)

Facts

BOC Jr. (brother) (plaintiff) was the brother of SC (sister), who was the same-sex partner of AAB (partner) (defendant). The sister and her partner wanted a baby of their own for whom they could jointly provide. Accordingly, at his sister’s request, the brother commenced a series of do-it-yourself sperm donations that eventually impregnated the partner, enabling her to give birth to the couple’s child. Thereafter, the brother played no role in the child’s support or upbringing. However, a few years later, the couple split up, and the partner denied the sister any access to the child. The brother sued for parental rights to visit the child. The case turned on § 742.14 of the Florida statutes, which provided that donors of genetic material relinquished their parental rights to any resulting child unless the donor was part of the commissioning couple or a father who had executed a preplanned adoption agreement. The trial court ruled that, given the nonclinical setting in which the brother donated his sperm, § 742.14 did not apply to the case. The court entered judgment for the brother. The partner appealed to the Florida District Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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