Judge Allows 3 Names on Birth Certificate

ABC News Blogs
Judge Allows 3 Names on Birth Certificate
.

View photo

Judge Allows 3 Names on Birth Certificate (ABC News)

Few people can say that they legally have three parents, but 23-month-old Emma Filippazzo will be able to after a Miami-Dade county judge signed off an an agreement that a lesbian couple and a gay man are all the parents of the child, stating it on her birth certificate.

Hair stylist Massimilano Gerina of Miami Beach met lesbian couple Maria Italiano and Cher Filippazzo in 2006 when they became clients of his, eventually building a strong friendship. Italiano and Filippazzo were trying to conceive and approached Gerina first in 2008 and then a second time in late 2009, to be the father of their baby.

"They wanted me to be the father of the baby, because they liked me and my look and how I am Italian like Maria is," Gerina said. The trio originally had a verbal agreement where they discussed that "I was going to be the father of the baby and I would be able to see her whenever I wanted. I never thought about papers and I assumed that it was going to happen period, without thinking of the legal point of view."

According to Gerina's lawyer, Karyn J. Begin, "The insemination took place in a private setting, where he [Gerina] was the donor and the other parties were in communication with each other through the entire time. Gerina said, "We thought we were going to try for months, but it happened in an amount of days. It was so fast we did not even think about papers."

Although Gerina thought he was going to be a new father that almost changed when Italiano and Filippazzo asked him to sign paperwork stating that Gerina would only be considered a sperm donor and have no parental rights to the child.

"I was shocked, Gerina said, I did not see that coming and I felt a little betrayed."

That's when Gerina sought legal action from Begin, who had handled a similar case before. Although Begin warned her client that it going to be a long and painful process, Gerina filed a paternity lawsuit after the birth of his daughter Emma, who was born on March 10, 2011.

"I gave him options," said Begin, and we ended up finishing this case after two years of litigation, because both parties reached an agreement as to how they were going to approach their family for the future."

According to Florida law, sperm donors do not have any parental rights. However, Begin stressed that this case was not affected by this law and does not affect the current Florida law, because there is an agreement between the two parties.

After the two-year legal battle, when Gerina was not permitted to see his daughter, Judge Antonio Marin signed off on an agreement reached on January 31, granting Gerina weekly visits with Emma for several hours, at the mothers' residence or an otherwise agreed upon location. Emma's birth certificate was issued with all three parents' names on it.

"I am the father and I have visitation, but legally speaking they [Italiano and Filippazzo] are the parents, but that does not exclude me from Emma's activities or major decisions," Gerina says.

Gerina says that he is still good friends with the couple and "whatever happened we put it in the past," and that he does not think any less of them because what transpired.

Gerina says he sees his daughter all of the time now and is constant contact with the couple on how she is doing.

View Comments (5194)

Recommended for You

  • Panda Cub Bei Bei Climbs a Tree With the Help of His Mom

    Bei Bei is moving up in the world.The Smithsonian National Zoo’s baby panda experienced the outdoors for the first time last week and now the nearly six-month-old cub is scaling trees—-with the help of his mom Mei Xiang, of course. The Washington DC based Zoo posted a video of the feat online this…

    Good Morning America
  • Countdown to New Hampshire With 5 Things to Watch in Tuesday's Primary

    Tuesday will be a critical moment on the road to the White House as residents of the Granite State cast their votes in the first-in-the-nation primary. With independents making up more than 40 percent of the electorate, the New Hampshire primary can often surprise, and that may be the case…

    Good Morning America
  • 'Girls' Star Lena Dunham Taking Time Off for 'Chronic' Illness

    The acclaimed HBO show "Girls" is back for a new season this month, but its biggest star will not being making press appearances due to a "chronic condition."Lena Dunham took to Instagram today to write, "I just wanted to let you know that, while I am so excited for Girls to return on Feb 21, I…

    Good Morning America
  • Zika Virus Outbreak Prompts CDC to Activate Highest Emergency Ops Level

    The U.S. Centers for Disease Control and Prevention's Emergency Operations Center has been moved to Level 1, the agency's highest level, due to the risk of Zika virus transmission in the U.S., officials said today. The Level 1 activation is "reflecting the agency’s assessment of the need for an…

    Good Morning America
  • US Veteran Says He is 'ISIS Soldier,' Calls Bin Laden 'Beautiful Man,' Officials Say

    The FBI has arrested a former member of the Army on weapons charges after he allegedly expressed sympathy for ISIS, called Osama bin Laden "a beautiful man" and said the murder of government agents was "a hundred percent obligation," according to court documents filed in a Washington state federal…

    Good Morning America
  • Giant Rabbit From Scotland Looking for a Home

    The Scottish SPCA center in Glasgow has a 7-month-old continental giant rabbit up for adoption. The rabbit, Atlas, is already about the size of a Westie dog and is still expected to grow, according to a Feb. 8 press release from the Scottish SPCA. Atlas is not only the same size as a dog, but…

    Good Morning America
  • Chinese New Year Fireworks So Dangerous That Only a Few Get to Witness

    For much of the next two weeks, millions of Chinese will welcome in the Year of Monkey, which begins today, with a cavalcade of fireworks lighting up the night’s sky. In almost every corner of every city or village in Mainland China, families will light their own firecrackers and boxes of…

    Good Morning America
  • Duchess Kate Champions Mental Health in New PSA

    Duchess Kate is on a mission. The Duchess of Cambridge, 34, is speaking out in a new public service announcement (PSA) to raise awareness for Children’s Mental Health week for her mental health charity, Place2Be. The Duchess recorded a special video message to coincide with Children’s Mental…

    Good Morning America
  • 'Kung Fu Panda 3' Stays on Top at the Box Office

    "Kung Fu Panda 3" scored another box office win during Super Bowl weekend.The animated sequel earned an estimated $21 million in its second weekend of release.'Kung Fu Panda 3' Tops the Box Office'The Revenant' Tops Weekend Box OfficeThe Coen brothers' "Hail, Caesar!" opened in second place,…

    Good Morning America
  • WWE Wrestler Daniel Bryan to Retire

    Former WWE champion and professional wrestling star Daniel Bryan is retiring."Due to medical reasons, effective immediately, I am announcing my retirement. Tonight on Raw, I'll have a chance to elaborate. #gratitude," he tweeted on Monday.Read: Stone Cold Steve Austin: My Life After Pro…

    Good Morning America
  • White House Asks Congress for $1.8 Billion to Fight Zika Virus

    The Obama administration is requesting $1.8 billion in emergency funding from Congress to fight the Zika virus in the United States and abroad, the White House announced today. The request comes after lawmakers on Capitol Hill urged the White House to address the spread of the virus, which is…

    Good Morning America
  • Dad's Piano-Playing Lullaby Soothes Baby Boy to Sleep in Seconds

    Take a look at little Samuel who couldn’t fall asleep because he had an ear infection. The moment his crafty dad starts playing his own version of the classic “Brahms’ Lullaby” however, the soothing sounds work like magic, putting the tiny tot to sleep within seconds.

    Good Morning America
  • Super Bowl 50: Beyonce Takes Fans Behind the Scenes of Her Performance

    Although Coldplay headlined the Super Bowl 50 halftime performance, all eyes were on Beyonce, who shared the stage with the British band along with pop star Bruno Mars.The singer, who announced her Formation World Tour right after the big game ended, is letting fans in on how her performance came…

    Good Morning America
  • Super Bowl 50: Peyton Manning 'Very Much at Peace'

    Peyton Manning says he’s “very much at peace” as he contemplates retirement from the NFL just hours after winning his second Super Bowl title. Manning, 39, finished 13 for 23 for 141 yards in the Broncos’ 24-10 win over the Carolina Panthers in Sunday’s Super Bowl game at California’s Levi’s…

    Good Morning America
  • 4 Ways to Increase Your Chances of Scoring Beyonce Tour Tickets

    Minutes after Beyonce announced her 2016 Formation World Tour during Super Bowl 50, fans flooded to her website looking for more information about the tour, and temporarily crashed the site. Fans have also been tweeting in anticipation and excitement for the ticket sales to go live. Securing…

    Good Morning America
  • Paris Jackson Reveals Struggle With Alcoholism, Pressures of Fame

    Paris Jackson, the only daughter of music legend Michael Jackson, is apparently struggling with alcoholism.In a now-deleted, profanity-laced rant on Instagram, the 17-year-old told her followers that she was being attacked online."I am expected to literally sit … all day replying to comments people…

    Good Morning America
  • Russians Arrest 7 in Alleged ISIS-Related Terror Plot

    Russian security services have arrested seven people accused of plotting terror attacks on behalf of the Islamic State in major Russian cities, the country’s FSB intelligence agency said today. The arrests were made in the city of Ekaterinburg, located in the Urals region on the edge of Siberia,…

    Good Morning America