A British woman who agreed to be a surrogate for a gay couple has refused to hand over the baby has won the bitter custody battle.
Daily Mail reported that the woman, who has been unnamed for legal reasons, had struck a deal to give birth to the baby after being ‘matched’ to the gay couple by a fixer who runs a secret Facebook forum for would-be parents looking for surrogates.
In February 2014, the woman is said to have made her final decision to have the baby in after a 30-minute meeting with the couple in a Burger King restaurant. The baby was then created using a donor egg from an anonymous woman from the United States and the sperm of one of the gay men.
The couple agreed to pay her £9,000. It is illegal to profit from surrogacy in the UK, but surrogates can be reimbursed up to £15,000 for ‘expenses’.
The surrogate however began to have doubts after receiving a Facebook message from a woman who had previously been a surrogate for the couple, delivering twins. The woman claimed she had not been paid fairly, and had been left with medical complications.
A judge ruled last week that the woman’s learning difficulties had made her unable to ‘consent freely or unconditionally’ to the surrogacy. She said the surrogate mother was ‘better able to meet’ all the baby’s emotional and physical needs, despite having no biological link to him.
Jennifer is regarded as his mother under British law unless she agrees to a parental order appointing the gay couple as his legal parents.
She Daily Mail: ‘He is my little boy. 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.’