Judge’s ‘three-parent’ ruling violates state law

Tuesday, February 12, 2013
Charlie Butts (OneNewsNow.com)

A legal expert believes a Florida judge's ruling that a child's birth certificate can list three parents is unconstitutional and dangerous.

In mid-2010, two lesbians called on another homosexual to be the sperm donor in an in vitro fertilization process. The end result was a baby girl, who is now 23 months old. Circuit Court Judge Antonio Marin has approved a request to list all three adults as the parents on the birth certificate.

Mat Staver of Orlando-based Liberty Counsel tells OneNewsNow the ruling is "outrageous" because the Sunshine State has a constitutional amendment declaring marriage to be between one man and one woman.

Staver, Mat (Liberty Counsel)"And anything that approximates marriage is also not permitted either, or that imitates marriage," Staver explains. "And certainly, granting three parents rights to the same child is absolutely unbelievable. This is a polygamous relationship. This is polygamy that has occurred in Florida."

Under Florida law, a sperm donor for artificial insemination has no paternity rights -- but after almost going to court over the issue, the three "parents" settled their dispute privately with the man having visitation rights as the "father."

The Liberty Counsel founder says that is another reason the order does not make sense to him.

"The judge is obligated to search the law to make sure it's in compliance with the law -- and certainly this is not in compliance with the laws of the state of Florida," he tells OneNewsNow. "This is outrageous. It is judicial activism ... and the problem now is, how can this ultimately be reversed."

Staver says "this is begging to be challenged," and he believes a local district attorney or the state attorney general needs to find a way to do so.

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