Judge issues ruling in contested surrogacy case
When custody cases are complicated by modern medical issues like artificial insemination, egg donation and in vitro fertilization, the traditional methods of determining custody may no longer apply. A surrogate mother who carries a child for another person usually does not have parental rights after the birth. However, if the agreement that led to the surrogacy is disputed, a court may have to determine who should have legal custody and if visitation should be awarded.
Minnesota readers may be interested in a recent custody case involving same-sex partners and a woman who they said acted as a surrogate for them, ultimately delivering twins. After the delivery, the woman told a social worker that she had not been acting as a surrogate, stating that the man whose sperm was used was a friend and that they had planned to raise the children together, though they were not romantically involved. That man and his partner claimed custody of the twins.
Apparently there was never a written contract outlining the arrangement, though the man did pay for the in vitro fertilization and a donor egg was used, so the woman is not biologically related to the children.
This case ended when the judge decided that the woman did have parental rights and ordered a shared custody arrangement. It exemplifies how important it is for surrogacy arrangements to be solidified in writing early in the agreement. Using a surrogate is a great way to have kids for those who cannot, but agreements must be made ahead of time.
Source: KHOU.com, “Judge determined \’duped surrogate\’ is a mother,” Andrew Horansky, Nov. 9, 2012′
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