Rivera v. Salas
A man who donated sperm used for an at-home artificial insemination of one member of a lesbian couple petitioned to establish paternity after the couple separated. The Second DCA affirmed the denial of the petition, holding that section 742.14, Florida Statutes, strips any sperm, egg, or preembryo donor of parental rights unless the donor is part of a statutory 'commissioning couple' or has executed a preplanned adoption agreement, and that the statute applies regardless of whether 'assisted reproductive technology' (laboratory handling of eggs or preembryos) was used. The court reaffirmed A.A.B. v. B.O.C. and certified conflict with the Fifth DCA's decision in Enriquez v. Velazquez.
Key facts
- Man donated sperm for at-home artificial insemination of one member of a lesbian couple; couple later separated.
- Sperm donor petitioned to establish paternity; trial court denied the petition.
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Why it matters
This opinion creates an express district conflict on the scope of section 742.14 and sets up likely Florida Supreme Court review, so counsel handling parentage or donor-agreement disputes must know which district's rule… — full analysis with a trial
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