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I was a gestational surrogate mother for a single man and gave birth yesterday. I found out this morning that the father has backed out of our legal contract due to health issues. Do I have any recourse against him? Also, his attorney is trying to force me to have a couple that I have never met adopt the baby that the hospital is now saying I am responsible for. I want this baby to have a great home, but I don't understand how the father can back out of the contract so easily. HELP!
I believe in most/all states any woman who gives birth to a child is considered the legal mother regardless of genetics. I know for a fact that women who use donor egg's do not have to legally adopt the non-related fetus/baby that they gave birth to. The act of giving birth alone is usually enough to declare motherhood/paternity unless their is some surrogacy/donor contract stating otherwise...which in this case there is....but he broke that contract... and so I can not give you any further advise as I have never delt with this situation before. Have you filled out the birth cert. yet? I would place your name as the mother & leave father blank forcing him to prove via dna test that he is the father, then force him to file for custody. If he doesent want the child chances are slim he will pay all the money in laywers costs exc. to go through this just to place the baby up for adoption. See if he will terminate his rights to the kids.. if he can in your state.
But I would think you should have some rights to the child if the father broke the contract. Don't let his lawyer push you into adoption. I would take the babies home with you. [url="http://www.laborlawtalk.com"]www.laborlawtalk.com[/url] is a great place for law advise including family & adoption law. They have a message board where you can post questions. Their was a similar situation with a gs who gave birth to triplets or twins & she was granted custody for almost 3 years (before the kids were ripped away from the only family they ever knew to live with an elderly man who just happened to supply their dna) but her situation was a bit diffrent in the fact that the father wanted custody....your IF doesent want custody, has not fallowed through on the contract, and I am assuming hasn't paid you your fee's. You might have a better leg to stand on. I would assume a court would find it in the best intrest of a child to keep him/her in the care of it's only known parent(the baby knows you, your voice, your smell, your heart beat) rather than place him with some unrelated outside source. Even though the genetic material is not yours surro's moms & babies still share that special spiritual, emotional, and physical bond that is only unique to a mother & the child who she has loved and nurtured for 9 months and beyond. That has got to count for something in court.
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Oh man thats not cool at all. I wish I had known you before, we want more children but it's not happening any other way then adoption here. I know it would be hard to hand over the baby to someone who you don't know it would me to. But there are so many people like me who can't have bio children and this is their only way to have a baby. My son is from surrgancy from all the eggs i had left (had to be frozen when I was 16) Now our only option is adoption and I know that there is someother woman out there that is not feeling complete without a child and you can make that happen for her. ALL I wanted in life to be a mommy and now I do have my son but we want 4 and so we are planning on adopting.
I hope that you get some answers from our father above on what to do for you and that precious child. and I do want to say congrats on a the little one and also Thank you for doing what you did. It's such an amazing thing that you did. Good luck and best wishes for the two of you.
Keep me posted.
Pattie
Florida
oh my, how horrible. I am so so sorry that happened to you. As a 3x adoptive mom, I just can't fathom what he was thinking. With the tons of families praying for a child, you might want to consider a local clergy person who might know of a family that is praying for a miracle. That is how we received our first daughter!!! A blessing she is! My prayers are with you ... again, sorry.