QUESTION
Can they take my own child even if its the not the child I agreed to be a surrogate mother to?
Asked on Aug 29th, 2013 on Child Custody - Utah
More details to this question:
I was going to be a surrogate mother for a couple. The procedure using my eggs took place mid January. I ended up not getting pregnant and have not seen them since that date. I then get pregnant by my husband in March and the second they found out I was pregnant they were claiming the child was there's. My due date is December 8th and if it were there's I'd be due in October. After having my doctors and the specialist explain its not there's they proceeded to get real nasty with me and said they are forcing me to have a DNA test done. As well as telling me, I will not be taking the child home from the hospital that they are.
4 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Once DNA tests reveal the child is genetically yours and your husbands, they will no longer have any claim.
Answered on Sep 06th, 2013 at 10:13 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Put your faith in the DNA test. When it proves the baby is not theirs, they have no rights to it.
Answered on Sep 06th, 2013 at 10:13 AM
In Utah, gestational agreements are governed by statute and cannot involve a child born to a woman using her own eggs and her own husband's sperm. The fertilization must be by assisted reproduction, so a child conceived with your husband would not be subject to the agreement. In Utah, you are required to file a notice of termination of the gestational agreement with the court, and they can then vacate the order.
Answered on Sep 06th, 2013 at 10:13 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the child is your biological child, proven by a DNA test, then they won't be able to take your child.
Answered on Sep 06th, 2013 at 10:13 AM