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Date: 07-19-2024
Case Style:
Angela Giovanni Rivera v. Jennifer Salas
Case Number: 2D2022-4066
Judge: Lindsay M. Alvarez
Court: Circuit Court, Hillsborough County, Florida
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Tampa, Florida family law lawyers represented woman claimed Defendant was father of her child.
Mr. Rivera donated his sperm to lesbian couple Ashley Brito and Jennifer Salas. Ms. Brito was successfully impregnated using Mr. Rivera's sperm via artificial insemination at home. Two weeks after learning that the artificial insemination had been successful, Ms. Brito and Ms. Salas married. When the child was born, the birth certificate listed Ms. Brito and Ms. Salas as the child's parents. A little more than a year after the child was born, Ms. Brito and Ms. Salas separated. Ms. Brito moved out of the marital home and took the child with her. Mr. Rivera subsequently petitioned the trial court for a determination of paternity. The trial court denied the petition, concluding that Mr. Rivera did not have standing to petition for paternity based on its interpretation of section 742.14, Florida Statutes (2020).
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In its current form, chapter 742, now entitled "Determination of Parentage," provides for the determination of paternity or maternity and related issues such as jurisdiction, adoption, and subsequent marriage of the parents and contains several sections dealing with evolving technical and social issues such as artificial insemination and donation of sperm, eggs, and preembryos. See § 742.11 (establishing irrebuttable presumption that child born within wedlock conceived by artificial or in vitro insemination or by means of donated eggs or preembryos is the child of the husband and wife); § 742.12 (use of scientific testing to determine paternity); § 742.13 (definitions); § 742.14 (relinquishment of maternal or paternal rights by the donor of sperm, eggs, or preembryos); § 742.15 (contract required for surrogacy); § 742.16 (petitions for affirmation of parental status); and 742.17 (disposition of eggs, sperm, and preembryos).
Rivera v. Salas, 2D2022-4066 (Fla. App. Jul 19, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: