QUESTION
What can he do if the surrogate mother won’t give the baby to them?
Asked on Oct 21st, 2016 on Child Custody - Washington
More details to this question:
My son’s wife cannot have children, so a family friend said she would carry his child and singed a notarized letter stating that he was to sign the baby’s birth certificate, and she would turn the child over to him and his wife which was supposed to be in the delivery room while the baby was born. She gave consent for his wife to adopt the baby. This was all decided before they inserted his sperm. The baby was supposed to be born today at 2:00 pm by C-section, and he was waiting to go to the hospital for the birth of his daughter and found out that the baby was born yesterday by C-section, without his knowledge and now she wants to keep the baby and won't even let him in the hospital to see his daughter.
1 ANSWER
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Surrogacy is a complex matter. A proper surrogacy agreement should have been signed prior to the beginning of this pregnancy. It does not sound like whatever they put together met all of those criteria. Even with a proper agreement the birth mother sometimes changes her mind and complex litigation follows. If your son is the biological father, he can file a parentage action and get a DNA test. If the child is his, he can establish parental rights. His wife, however, will not be a party to this as long as the bio mom does not wish to relinquish her rights. Your son needs to see a lawyer and go from there.
Answered on Nov 18th, 2016 at 5:29 PM