A recent and tragic fight between
concerned biological parents and a protective surrogate mother made national
headlines after it was discovered that the child had serious health defects.
The couple wanted their surrogate to have an abortion; a plan she initially agreed
to but then had a change of heart. The surrogate then decided to flee to a
different state that did not acknowledge surrogacy contracts so that she could
have the child and put it up for adoption. The parents then launched a suit to
get control of their child. A complicated and emotionally exhausting custody
fight that touches on important concerns for those with fertility problems.
The case began when the couple was
introduced to Crystal Kelley. Kelley needed money and was happy to have a child
for the couple who were looking for their fourth after the wife had fertility
problems. Though things started well, it was quickly discovered that the baby
Kelley was carrying had severe disabilities. Doctors said the baby would be
born with a cleft palate, brain development problems and serious heart defects.
Multiple surgeries would be required and even then, the child was given only a
25 percent chance of leading a normal life.
The worried couple, who had already
raised several premature children, decided to offer Kelley $10,000 to abort the
baby and spare it from a life of pain. The woman initially agreed to do it for
$15,000 but when the couple balked, changed her mind entirely and said her
religion would not allow her to go through with it. The couple then sued to
enforce the original surrogacy contract.
The original agreement specifically
stated that the woman would agree to an abortion if the fetus had a severe
abnormality, something Kelley later decided not to follow through with. Rather
than stay and lose the inevitable case, she picked up and moved to Michigan
where surrogacy contracts are not considered valid.
The surrogate eventually gave birth to the
girl who suffered from even worse problems than were feared. Severe physical
and brain deformities were present as well as serious developmental
abnormalities. Kelley located a woman who was willing to adopt the child but
still had the couple’s custody suit to contend with.
Several weeks after the birth, the couple
relented to the adoption and agreed to give up their rights if they were
allowed to maintain some kind of contact with the girl. The good news is that
the young girl is now alive and living with her new adopted mother. The
biological parents have visited the girl several times, despite the devastating
custody battle.
Though this represents one family’s
tragic struggle, it also sheds light on larger issues about what can happen
when a surrogacy situation goes awry. As more and more couples suffer fertility
issues and consider nontraditional ways of having a family, the case shows how
much couples need to plan ahead and attempt to plan for a host of unknowns.
If you find yourself facing the prospect
of complicated divorce and have questions about your rights and options,
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. Stephan.
Source:
“Surrogate
mother refused abortion: Right? Wrong? Damned to hell?,”
by Aly Neel, published at WashingtonPost.com.
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