Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Baby girl removed from 'homophobic' mother and given to gay couple after surrogacy deal turns sour

The child, now 15 months old, was the result of informal surrogacy arrangement with gay couple which soured

Rose Troup Buchanan
Wednesday 06 May 2015 13:25 BST
Comments
The High Court Justice said the case typified the difficulties with informal surrogacy arrangements
The High Court Justice said the case typified the difficulties with informal surrogacy arrangements (PA Wire)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A High Court Judge has ruled that a baby girl conceived through surrogacy should be placed with her father and his partner after her biological mother was deemed “homophobic”.

Ms Justice Alison Russell ruled the mother had lied over the informal arrangement of the child, now 15 months old, and had always intended to keep the girl for herself.

The row developed after an apparently informal agreement between the surrogate mother and the gay father and his partner broke down shortly before the child’s birth.

Ruling, Ms Justice Russell noted that the case typified the problems associated with such informal arrangements over surrogacy and how easily these can break down.

The mother and father, both originally from Romania, met when they were teenagers.

They agreed to the surrogacy on the provision that although the woman, who was artificially inseminated, would play a role in her daughter’s life, the 43-year-old father and his 38-year-old partner would be the main careers.

However, the deal soured in January 2014 when the woman gave birth without telling the father and then proceeded to breastfeed and co-sleep with the child in an attempt to demonstrate her closeness to the baby.

Ms Justice Russell said the mother had used “stereotypical images and descriptions of gay men” and had “insinuated that gay men in same-sex relationships behave in a sexually disinhibited manner”.

The woman had also implied that the gay couple were “sexually disloyal to each other,” the Justice said, noting that she found the two men to be “clearly devoted” to one another.

The mother, whose manner in court was deemed assertive and aggressive, had also sought to portray herself on social media as the “victim,” whose rights as a mother had been “trampled over and abused”.

But, she had “deliberately misled the father and his partner about her intention or changed her mind as the pregnancy progressed,” Ms Justice Russell added.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in