This is a new area of law; I wonder if the 2 women were married in a state where that is legal, would the spouse of the birth mother be the child's other legal parent automatically? Just like an opposite sex marriage? IMO that's how it should be.
well...
this is part of the problems this sort of thing presents
but a woman cannot be the father because, well, they just can't. I suspect the non-mother still would not be the father in Florida because they have a place for the mother and a place for the father on the birth certificate and again, the non-mother cannot be the father.
and we have this:
(2) PATERNITY.—
(a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.
(b) Notwithstanding paragraph (a), if the husband of the mother dies while the mother is pregnant but before the birth of the child, the name of the deceased husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.
neither woman can be a husband so the non-mother cannot be on the birth certificate, as things are currently, at least as I read that.
IMO what we should have is:
the real facts surrounding the birth on the birth certificate. no more "legal" father except in a circumstance where the parents are married and all parties involved allow the husband to be known as the legal father with the biological father actually releasing claims of legal paternity. No changing a name of the child, no changing the gender after a gender reassignment surgery.
the father on the BC should be the biological father
the gender should be the true gender of the child at birth
the name should be the name that was given at the time of birth
each of those items are facts and they never change. Future court actions and court records account for name changes, gender changes, and legal fathers and that is where they should remain.
we have the ability to determine the true father of the child so there is no need to put a presumptive nothing on the BC any longer.
the only changes made to a BC should be based on corrections of errors such as the husband actually isn't the bio father although it is believed he is. He would be named bio father presumptively but if later info comes to light to show another man is the bio father, the father named on the BC should be corrected.
we have confused this bio and legal father way to long and to start correcting it, we start with actual facts being put on and remaining on the BC.
