Custody battle over twins involves surrogate mother
Few issues in family law arouse emotions as strongly as a child custody dispute. Child support and visitation rights become even more complicated when it involves surrogate parents.
A court in another state is the scene for a custody dispute between a 48-year-old surrogate mother and two men. The mother gave birth to twins in July. She found out she was considered a surrogate mother when she was she was informed by a social worker on the day the twins were born.
The mother says that a man, who she thought was her friend, paid her to be impregnated via in vitro insemination with a donor egg and his sperm. She also claims the man promised to help her in raising the children. However, he and his male partner claimed custody over the children after they were born.
The mother added that she and the children\’s biological father were never in a romantic relationship, and she did not know he was gay. She also said that no contract exists for this agreement and no money ever changed hands.
The basis of the custody claim is that the surrogate mother does not have legal custody over the children since she is not their biological mother. She is currently allowed to visit them six days each week for two hours per day.
One of the larger legal issues at play is that if the woman loses her case it could raise questions about any mother who uses a donor egg to get pregnant. Beyond the surrogacy situation, could any mother who uses a donor egg not be considered a child\’s mother?
Source: KHOU, “Judge to decide custody rights for surrogate twins,” Nov. 5, 2012′
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