Supreme Court of Florida
D.M.T. v. T.M.H. — Polston, J., dissenting
November 7, 201338 Fla. L. Weekly Supp. 812
Summary
The dissent would affirm summary judgment for D.M.T., concluding that T.M.H. relinquished any parental claims through signed waivers and was also excluded from parental rights by the plain language of Florida's assisted-reproduction statute. It further reasons that recognizing T.M.H.'s parental claim would interfere with D.M.T.'s protected rights as the legal parent and that the statutory scheme survives rational-basis review. The dissent also maintains that the constitutional claims were not adequately raised or preserved below.