Judge Lets Baby With 2 Lesbian Moms & 1 Gay 'Dad' Have 3 Parents on Her Birth Certificate

Say What!? 54

Forget about the debate over passport forms replacing ‘Mother’ and ‘Father’ with ‘Parent One’ and ‘Parent Two’ -- make way for Parent Three! A Florida judge has ruled that a 22-month-old baby girl shall have three people listed as her parents on her birth certificate -- a married lesbian couple and the gay man that provides one half of her DNA.

Maria Italiano, 43, and Cher Filippazzo, 38, had not successfully conceived a much-desired child, even after several attempts at fertility clinics. Italiano’s hairdresser Massimiliano Gerina offered to provide his sperm for artificial insemination after the women approached him on the subject.

It seems as though the three of them had worked out a sperm donation for the couple to have a child, but never put anything in writing. When baby Emma was born, bio-dad decided that he wanted to play a role in her life.

The moms’ attorney, Kenneth Kaplan, attested, "When push came to shove, they figured he would understand the situation ... the mistake they made, however, was there should have been a written document spelling out what his rights and responsibilities were going to be."

Under Florida law, sperm donors have no legal right to children, but the judge in this case made an exception since nothing was in writing. The two moms will retain sole parental rights, while dad will have visiting rights. He is not expected to pay child support.

I have to say, I admire this little girl’s mamas. They made a mistake in not documenting the legal ramifications of the DNA donation, but allowed this concession in Emma’s best interest. Filippazza said:

We're trying to do the right thing for Emma ... 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 ... the role is this is mommy's good friend who helped your moms have you because they wanted you so badly.

Besides, studies show that all children benefit from having a male role model in their lives. Here’s to hoping Gerina doesn’t skip out of Emma’s life after having fought so hard to be a part of it.

Do you think the best interest of the child was taken into consideration in this case?

Image via Helene Samson/Flickr

adoption, fathers, motherhood, trying to conceive, in the news, ivf


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Flori... Floridamom96

Um, no. If the best interests of the child are truly the primary concern then mom and dad get married before becoming mom and dad and work hard to stay happily married. It is a biological impossibility to have two moms and one dad. Then there's the fact that this judge just took it upon himself to create new law in Florida, a clear usurpation of power.

nonmember avatar Ashley

The birth certificate, my understanding at least, is a document listing who biologically gave birth to the child. It's not a document of guardianship (again, maybe I'm wrong) and it seems pretty impossible to have two women and one man make a baby. Like for heritage and ancestry documenting this is a nightmare.

TheTr... TheTruthTeller

None of which affects your life, floridamom. Good for Emma. The more love the better.

nonmember avatar krelia

This is a sad sad (almost pathetic) story....

Christy Howell-Hoots

Actually, Ashley, I was adopted at the age of one.  It was a closed adoption, so my parents names were taken off the birth certificate and my grandparents were put on.  My birth certificate has me BORN to my grandparents.  It's not the same in all cases, but that was how mine was.

In this case, I am happy for the family.  If this is what they feel is right then good for them.  After my grandfather died (when I was VERY young) it was just my grandmother and me and I had no problems being raised without two parents.  Every person's situation is different.

Meg LeRoy Schlagenhauf

Um... I'm sitting here with my mouth open in shock after reading that Jenny Erikson, who thinks women shouldn't be allowed to serve in combat positions and that the Boy Scouts should be allowed to discriminate against homosexuals, admires a lesbian couple.

bella... bellacazzate

A Canadian friend of mine had this exact thing 30-something years ago... her mother and her mother's partner had a sperm donor who was/is very involved in my friend's life (never called Dad, but certainly her "father figure"). Everyone is listed on her records. She has had a lovely life and was raised two wonderful women and aided by a really great guy. I hope this young girl has the same loving experience. 


Flori... Floridamom96

I repeat, the judge has no authority to create or change law (which he did by changing who is listed as parents). Why do people ignore the rule of when they agree with the ideology involved? Have you no principles at all? And really, what is to stop another judge from creating law that you don't agree with? When that happens will you care then?

kelti... kelticmom

Floridamom, piss off. My husband was raised by his gay father and his boyfriend, and his mother. And he is an amazing, wonderful man. He's not "confused", obviously he didn't grow up to be gay, he's in the military and is the manliest, most bad ass guy I know. And his father and his partner are the most wonderful, loving father-in-laws and grandparents.

kelti... kelticmom

And I'm also adopted and my parents had my birth certificate changed to show them as the biological parents.

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