UK - Surrogate mother must return boy - BBC News
Appeal judges have ordered a surrogate mother who refused to give up her baby boy to return the child to his father. The baby was conceived after an agreement between a married man from Leeds and a married surrogate mother from Bristol, who has several children.The court heard the father agreed to inseminate the woman on condition that the child she bore would be handed over to him and his wife after birth.But it became clear the mother had no intention of handing the child over. Legal proceedings began at Bristol County Court and Mr Justice Coleridge awarded custody of the boy to the father under the surrogacy agreement.He found the surrogate mother had never intended to hand the child over and was motivated by "a compulsive desire to bear a child or further children".The mother was granted permission to appeal against the order, retaining custody of the boy until the matter was finally settled.On Thursday, Lord Justice Thorpe, Lord Justice Lloyd and Lord Justice Toulson, sitting at the Appeal Court, dismissed the mother's claim and opened the way for the father and his family to travel to Bristol to collect the little boy.http://news.bbc.co.uk/2/hi/uk_news/england/west_yorkshire/6917815.stm
I am so pleased the little boy has been returned to the rightful parents. this woman never intended to give the child to his parents after the birth and lied to the couple saying she had miscarried.
I'm so thankful to her oldest daughter for bringing this to light. Now the little boy can be brought up by the parents who love him and not by a couple who use him for more benefits from the state.
I'm over the moon the courts have done the right thing.
Is this type of agreement where a baby's parent is absolutely decided by contract only available in the UK? What about the US or other countries? I am married and considering a similar situation and want to avoid this complication. There is even a current case in Florida USA under similar circumstances but the contract was never signed, increasing the complexity.
No, this type of arrangement is available in the US, specifically in states where the case law and/or statutory law is favorable, such as in California. Please feel free to contact me for a consultation.