Mamas vs. Papas: Two gay couples fight over custody of child

Two dads face off against two moms. It's perhaps the most unique custody battle in recent Florida history and maybe the most radical verdict. Katherine Alicea and her eight-year partner, Ana Sobrino, decided to have a baby about a half-decade ago. Again and again, they tried using sperm from anonymous donors. But Katherine — a driven real estate agent then in her late 30s — couldn't get pregnant.

Jason Crosby

Related Content

• South Beach Will Be a Police State this Weekend: Here's What to Expect
  May 25, 2012
• Memorial Day Weekend On Miami Beach Is a Gangsta's Paradise
  May 23, 2012
• South Beach Tow Renewed for Second Season for Some Awful Reason
  May 22, 2012
• Exxxotica 2012: Top Ten Porn Parties in Miami This Weekend
  May 19, 2012
• Surfing, Pinball, and Weed: Perry Farrell on His Teen Years in Miami
  May 18, 2012

More About

• Austin
• Ray Janssen
• Katherine Alicea
• Miami Beach
• Parenting

Like this Story?

Sign up for the Weekly Newsletter: Our weekly feature stories, movie reviews, calendar picks and more - minus the newsprint and sent directly to your inbox.

Privacy Policy Cancel Continue

Enter their close friend, Ray Janssen, a handsome, gay Air Force veteran.

After some casual negotiation, he donated and Katherine conceived. In August 2006, a sweet and burbling baby whom we'll call Austin was born. Katherine put Ray's name on the birth certificate because she wanted the child to know his dad's identity.

That was a big mistake.

The baby was raised mostly by Katherine and Ana at their NE 24th Street home, a block from Biscayne Bay. But Ray and his partner Craig also spent time with the boy. "[Ray] made it clear he wanted to be involved in the child's life," psychologist Sherrie Lewis-Thomas later wrote. He took Austin to baby music lessons. Sometimes the child would sleep over at his "da-da's" Miami Beach apartment overlooking a canal.

Then, last fall, the mothers decided to move to California, and things got ugly.

Ray sued Katherine in November 2008. The case tells the story of two sets of gay parents — all of them loving and active in the child's life — vying for custody. "Responsibility for the child should be awarded to the mother and father equally," Ray demanded in the suit. "[I am] the natural father."

After considering arguments from both sides, Miami-Dade Circuit Court Judge Leon Firtel on June 3 found Ray was nothing more than a sperm donor. Because there was no contract before birth, he had "no rights."

Says Ray's attorney, Gerald Kornreich: "[The ruling] is the most tragic of my career, and I will not rest until Ray is reunited with his son."

Opposing council Hugo Acebo responds that Ray surrendered his role when he let the mothers become primary caregivers: "Ray has changed his mind about his parental role... Katherine and Ana feel like their family unit is being attacked."

A motion for reconsideration is scheduled in circuit court this week.