State Laws and Legislation

Florida Donor Insemination Law

Florida law, confirmed by the courts, explicitly removes any parental rights from a donor.  The law strips a donor of any legal relationship to the child unless he is a member of the “commissioning couple” defined as an “intended father and mother.”

Cases Dealing with Donor Insemination. In one 2002 case, Lamaritata v. Lucas, an unmarried woman (Lamaritata) entered into a contract with a male acquaintance (Lucas) to be artificially inseminated with samples provided by him. Lucas agreed in writing that he would not have paternal rights or seek them at any future time. However, after Lamaritata gave birth to twins, Lucas filed a paternity action in circuit court. The District Court held that “[a] person who provides sperm for a woman to conceive a child by artificial insemination is not a parent” and dismissed Lucas’ paternity suit. 

Citations: FLA. STAT. §§ 742.11-14 (2003); Lamaritata v. Lucas, 823 So.2d 316 (Fla. Dist.Ct. App. 2d. 2002).

Updated: Sun, August 29, 2004 - 11:00:42