Older Lundy Koch & Martino Family Attorney is presenting his client’s case to the Florida Supreme Court. This case will have a huge impact on Florida family law.
An overview of the case:
- We represent Ashley. In 2019, she was dating Jennifer. They decided they wanted to have a baby. Ashley’s best friend, Gio, gave them sperm and they impregnated Ashley via a do it yourself kit purchased on Amazon. She got pregnant in late April/early May.
- Ashley and Jennifer got married in June 2019.
- Caleb was born in January 2020. By virtue of law, Jennifer is Caleb’s second parent because she was married to Ashley at the time of the birthday.
- Gio thought he was on the birth certificate. Between Caleb’s birth and May 2021, Gio was involved in Caleb’s life – he threw a baby shower, was present at his first birthday (and is photographed wearing a shirt that says dad of birthday boy”), and regularly visited Caleb at Jennifer and Ashley’s house.
- In 2021, Jennifer and Ashley separated. Jennifer blocked Gio’s attempt to establish paternity and the court gave Ashley and Jennifer equal timesharing.
- The legal argument falls on the definition of “assisted reproductive technology” and whether Gio is a “sperm donor”
For more information in this important case see coverage in the Tampa Bay Times here: https://www.tampabay.com/news/florida/2025/11/20/artificial-insemination-kit-sperm-donor-law-court-custody/
