Ashley Nicole Isabel Brito v. Jennifer Salas, et al. & Angel Giovanni Rivera v. Jennifer Salas
The Florida Supreme Court held that section 742.14's donor relinquishment provision applies only in the context of assisted reproductive technology (ART) as defined in the 1993 statutory scheme, and does not extend to at-home artificial insemination. Resolving a certified conflict between the Second and Fifth Districts, the Court quashed the Second District's ruling that had automatically extinguished a biological father's parental rights solely because his sperm was used in an at-home insemination kit.
Key facts
- Rivera provided sperm to Brito and Salas; Brito used an at-home artificial insemination kit to conceive — no clinical procedure or laboratory handling of eggs or preembryos took place.
- Brito and Salas married after learning of the pregnancy and the child's birth certificate listed both women as parents; the couple separated roughly one year after the child's birth.
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Holdings
- Section 742.14 applies only where conception occurs through ART — defined as procreative procedures involving laboratory handling of human eggs or preembryos — and not to at-home artificial…
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