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Surrogate mother who fell out with gay couple must hand over baby, court finds

Judge ruled the child would be better off with the gay couple

Surrogate mother who fell out with gay couple must hand over baby, court finds
m sew | Flickr
Vancouver Pride Parade 2009

A court ruled a surrogate mother must give up her child to a gay couple she signed an agreement with, even though they had a falling out.

The unidentified gay couple met the woman online and signed a surrogacy agreement together. The woman then travelled to Cyprus in September 2015 to have an embryo transferred.

They used the sperm from one of the men in the gay couple and egg from a donor in Spain.

Pixabay | Public Domain

Thinking of parenthood?

But throughout the course of the pregnancy, the woman had a falling out with the gay couple and refused to give the child up.

She even waited a week after the baby was born to notify the couple.

This meant by the time the couple knew about the birth, the mother had already registered the birth with the name she chose, rather than the one she agreed on with the gay couple.

The same-sex couple immediately began legal proceedings last year to fight for custody of the child.

What happened next?

On 13 December last year, a judge granted the couple custody.

But since then, the mother filed an appeal to try to get the child back. A judge ruled again in favor of the gay couple on Friday (17 November) and said it’s what’s best for the child.

Lord Justice McFarlane said: ‘This case is another example of the complex consequences that can arise from entering into this type of arrangement.’

It also ‘demonstrates the risks involved when parties reach agreement to conceive a child which, if it goes wrong, can cause huge distress to all concerned,’ said Lord Justice McFarlane.

The judge did however, grant the surrogate mother and her husband visitation rights for six times a year.

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