As many people realize, whether you’re
part of a traditional marriage, in a same-sex relationship or a single person
who has always wanted a kid, there are now many more options than there used to
be for raising children. One option that has been utilized by those who have
had trouble conceiving is in vitro fertilization. However, a recent case that’s
grabbed national headlines might have some couples questioning the process and
raise concerns for those that have used it in the past.
The case involves a 48-year-old single
woman who wanted a child. She found a male friend who was also interested in
having a kid and they concocted a plan that would allow them to have a child
together, platonically. The male friend agreed to pay for in vitro using his
sperm and a donor egg that the woman would then carry to term. Everything went
smoothly and the woman gave birth to healthy twins over the summer. Almost the
moment after she had given birth the problems started. Apparently the man had
different intentions than those discussed with his friend. A social worker
appeared in the hospital room to discuss the “surrogacy situation,” a phrase
that shocked the woman who believed she was the children’s mother.
The woman says that her friend, whom she only
then realized was gay, had evidently been planning to raise the children with
his male partner, not the woman who had carried them. While the woman was still
hospitalized recovering from the birth, her friend had filed a lawsuit claiming
that because the woman had no genetic ties to the children she should be
stripped of any custody or visitation rights.
Right now the woman is allowed to see her
children only two hours a day, six days a week. However, the battle is not
over. The woman feels like her children that she worked so hard to have were
stolen from her and her custody fight continues.
One of the biggest problems in this case for
the woman is the lack of any written agreement. The woman says the arrangement
she had with the father was entirely based on friendship and trust, and that
she never thought a formal agreement would be necessary. Depending on the
outcome of this case, surrogate mothers everywhere could find themselves in
need of more formal legal protections if they want a relationship with the
children they bear.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
Source:
“Surrogate
Fights Gay Couple for Child Custody,” by Wesley J. Smith,
published at NationalReview.com.
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