From: NewNowNext
A British woman who agreed to be a surrogate for a gay couple after a 30-minute meeting—and then refused to hand over the baby—has won custody of the child, even though she has no biological relation to it.
A UK judge ruled last week that the woman, who is not being named, has learning disabilities and was therefore unable to consent freely to the surrogacy.
Justice Russell ruled that the woman was “better able to meet” the baby’s emotional and physical needs, despite her disability and the fact she is not related to the infant.
Russell called the couple’s behavior toward the woman “manipulative and dishonest… at the very least, potentially exploitative.”
Surrogacy is a controversial institution in Great Britain: Surrogacy contracts cannot be enforced and it is illegal to pay a surrogate beyond reasonable expenses.
The couple was paired with the woman in 2014 by a “fixer” who runs a secret Facebook group for would-be parents. The men met her for a half-hour in a Burger King and a deal was struck.
Two embryos were implanted, using the sperm of one of the men and eggs provided by an anonymous donor from the United States.
But the surrogate started to have doubts after being contacted by a woman who previously carried twins for the couple and claimed she had been underpaid and left with medical complications.
The surrogate miscarried one of embryos and had decided to abort the second, but reconsidered—opting to keep the baby, which was born in July 2015, for herself.
The child has remained with her and her partner ever since. According to UK law, she is the child’s mother unless she agrees to cede custody to the couple.
“He is my little boy,” she told The Daily Mail. “I gave birth to him. I felt him kick for the first time. I’m the one now breastfeeding him. He’s happy and so loved. I’m absolutely terrified I’m going to lose him.”
The couple has been granted visitation one weekend every eight weeks, and the child’s biological father has shared parental responsibility with the surrogate and her partner.
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