The ruling, though it may yet be reversed, sets aside the principle that biology is the primary determinant of parentage. That s an important development, one that s long overdue.
Shortly after birth in December 1978, Kimberly Mays and another infant were mistakenly switched and sent home with the wrong parents. Kimberly s biological parents, Ernest and Regina Twigg, received a child who died of a heart disease in 1988. Medical tests showed that the child wasn t the Twiggs own daughter, but Kimt only was, thus sparking a custody battle with Robert Mays. In 1989, the two families agreed that Mr. Mays would maintain custody with the Twiggs getting visiting fights. Those rights were ended when Mr. Mays decided that Kimberly was being harmed.
The decision to leave Kimberly with Mr. Mays rendered her suit debated. But the judge made clear that Kimberly did have standing to sue on her own behalf. Thus he made clear that she was more than just property to be handled as adults saw fit.
Certainly, the biological link between parent and child is fundamental. But biological parents aren t always preferable to adoptive ones, and biological parentage does not convey an absolute ownership that cancels all the rights of children.
36. What was the primary consideration in the Florida judge s ruling?
A) The biological link.
B) The child s benefits.
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