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  • 7
    Feb
    2013
    7:32pm, EST

    Florida judge approves birth certificate listing three parents

    By Kevin Gray, Reuters

    MIAMI - A Florida judge has approved the adoption of a 22-month-old baby girl that will list three people as parents on her birth certificate -- a married lesbian couple and a gay man.

    The decision ends a two-year paternity fight between the couple and a friend of the women who donated his sperm to father the child but later sought a larger role in the girl's life.

    The ruling means the child's birth certificate will include a biological father and both women as parents in an unusual arrangement approved recently by a Miami-Dade Circuit Court judge.

    The women, Maria Italiano, 43, and Cher Filippazzo, 38, had made several unsuccessful attempts to become parents using fertility clinics.


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    They then turned to Italiano's hair dresser, Massimiliano Gerina, and asked if he would provide his sperm for artificial insemination.

    "When push came to shove, they figured he would understand the situation," said Kenneth Kaplan, an attorney for the women.

    "The mistake they made, however, was there should have been a written document spelling out what his rights and responsibilities were going to be."

    According to Filippazzo, the three reached a verbal agreement before Italiano became pregnant. Filipazzo said the agreement meant she would adopt the baby and the two women, a longtime couple, would raise the child together.

    But shortly before the baby was born, Gerina decided he wanted to be considered a parent and not a sperm donor. The women disagreed. Under Florida law, sperm donors have no legal rights to children.

    Gerina hired a lawyer, setting off nearly two years of legal wrangling.

    Under the judge's decision, the two women will have sole parental rights, although Gerina will be allowed to visit the child. He will not be expected to provide child support.

    "We're trying to do the right thing for Emma," Filippazzo said. "We want Emma to have it all, and we believe by doing it this way, including him in a birthday or Thanksgiving, it'll be a nice addition for her."

    "We believe the best interest for Emma is for him to have a role in her life, but not as a parent," she said. "The role is this is mommy's good friend who helped your moms have you because they wanted you so badly."

    Copyright 2013 Thomson Reuters. Click for restrictions.

    277 comments

    I don't have anything against gays or lesbians, but in cases like this...Just because we can, doesn't mean we should. That poor kid has to live with the consequences of selfish adults in her life. I hope she receives only the best, but somehow, with the idiots she has for parents, I doubt it.

    Show more
    Explore related topics: health, florida, miami, fertility, featured, sperm-donor
  • 23
    Nov
    2011
    3:19pm, EST

    Dad claims twins came from sperm stolen by ex-girlfriend

    By Stephen Dean, KPRC

    A Houston man has launched a unique court battle, claiming his twin sons resulted from his sperm being stolen and taken to a Houston fertility clinic without his knowledge, KPRC, NBC's Houston station, reported on Tuesday.

    "Actually, I couldn't believe it could be done.  I was very, very devastated," said Joe Pressil, a 36-year-old telecommunications manager.

    "I couldn't believe that this fertility clinic could actually do this without my consent, or without my even being there," he told KPRC.

    Pressil said he hadn't considered having a family, and his religious beliefs would never allow him to visit a fertility clinic or participate in any form of artificial insemination. Yet three months after he broke up with his girlfriend, she became pregnant with his sperm at the Advanced Fertility Center of Texas on the Katy Freeway near Beltway 8.

    In his lawsuit, Pressil said he found out about the plot when a receipt arrived in the mail, listing him as the patient.

    "Pressil was listed as the 'patient' on the receipt even though he had never been to (the clinic) nor ever sought treatment for male infertility," according to his lawsuit.

    His ex-girlfriend gave birth to twin boys and then sued him for child support. She was granted that child support after blood tests confirmed Pressil was the father.

    Pressil said his ex-girlfriend always claimed she was unable to have children due to a medical condition involving fibroids. He also said she claimed that her condition required a certain sort of condom be used during sex.  Now, in hindsight, he said that seems suspicious.

    "I did notice a little bit because she would take the condom and ask me to discard it. And usually, a male would discard their own property, but she would always take the condom and she would run off out of the room and I just didn't think anything of it. And I didn't think that anyone could use a condom and bring it to a clinic to get an in vitro," he said.

    An attorney representing the Advanced Fertility Center and Omni-Med Laboratories, Danny Sheena, called the lawsuit "suspect" and "disingenuous."

    Read the full story on KPRC's website.

     

    150 comments

    Disturbing, but plausable.

    Show more
    Explore related topics: lawsuit, fertility, houston, sperm

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