A woman with the initials C.K. had no idea about the journey she was starting out on when she decided to make some money on the side by becoming a surrogate mother. The woman was struggling financially and determined that she could cover some of the expenses that she needed to pay by offering her womb to families who wanted a baby but were unable to conceive through natural means. C.K. offered her services through a variety of agencies, but with no luck. That is, until she met a couple that were looking for a surrogate mother.
C.K. met with the husband and wife and immediately formed a bond with them. She quickly told them that she was willing to carry their child. The husband and wife already had three children, and were hoping for a fourth baby. Ten days after C.K. was implanted with the fertilized egg, she confirmed that she was pregnant. For months, the surrogate pregnancy was excellent. C.K. remained in good health and kept in contact with the baby's parents. The parents paid for all of C.K.'s pregnancy-related expenses and attended many of her appointments.
Once C.K. reached the halfway mark of her pregnancy, things started going downhill. The ultrasound technician at her halfway appointment determined that there were complications with the baby. The doctors explained that there was only a 25% chance that the baby would be born normal. When C.K. reached 21 weeks with the fetus, the doctors told her and the baby's parents that the child had a cleft palate, a cyst in the brain, and a complex heart abnormality. The baby would be born disabled, saddling the parents with a lifetime of caring for the young child.
The rightful parents of the baby determined that because of the child's health complications, they wanted the baby aborted. They told C.K. that they would pay her $10,000 to abort the child and she would no longer be obligated to them. C.K. was emotional when she was commanded to get an abortion, and counter-offered the family, asking for $15,000 rather than $10,000. They said no, and she told them that she had to think about the decision.
After thinking about the decision on her own, C.K. decided to act on her personal beliefs against abortion, and told the family that she would not have the abortion as she was required to do. The family was furious, and said that she had to get the abortion because the baby was not hers to advocate for. The parents hired a lawyer and determined that time was of the essence. They also determined that she was in a breach of contract and that they would not pay her for her services to them as a result.
When C.K. reached 24 weeks, she knew that she could not abort legally. The parents told her that they would sue her for the fees that they had paid regarding her medical expenses if she did not do as they said. They also wrote letters saying that if she gave birth to the baby, they would fight for custody of the child and then surrender it as a ward of the state. The parents were within their legal rights to do this in the state of Connecticut, where the parents of a child who is being carried by a surrogate have the right to that baby.
This is why C.K. made the brave decision to move to Michigan. In this state, genetic parents are not considered the legal parents of a child, and C.K. had the right to give birth to the baby as her own. She delivered the child, and eventually located a family that was willing to adopt the special needs child and care for her. About a month before the baby was born, the parents filed a case with the Connecticut Superior Courts. During this time, the courts discovered that the mother who had allegedly provided the egg for fertilization had actually used an egg donor.
This means that she was not a genetic parent, and did not technically have a right to the baby. With some negotiations, the parties came to a mutual agreement that the biological father would relinquish his rights to the child as long as he was still allowed to visit her from time to time and keep in touch with the adoptive family that is now caring for the baby. If you want more information about surrogate battles and your legal rights as the genetic parent or surrogate mother, a local family attorney can help you! Talk to a lawyer near you today!