FAMILY LAW DAILY NEWS

Canadian surrogate fights for custody of the child after affair with the child’s father

British Colombian courts are currently burdening a complicated substitute situation, according to The Daily Beast. According to court documents and a woman bearing her initials, KB offered to represent a couple “to support their marriage”. However, when the artificial insemination failed, her husband offered KB to conceive her naturally. She says that he told her that he would leave his wife and raise the baby with her if she became pregnant. The father, known as MSB, says he never made her this offer and is currently raising the child with his wife.

This wasn’t a random surrogate mating, but KB says she has had an affair with MSB for years. They began seeing each other in secret shortly after KB married his wife in 2014. During that time, KB said she became pregnant twice and both times had abortions. Still, KB says she wanted to help MSB and his wife because they couldn’t get pregnant, so the three of them traveled to India together in 2016 to undergo IVF on one of MSB’s wife’s frozen embryos.

When that failed, she claims that they both asked to be their surrogate mother with their own eggs. The husband is reported to have secretly told her that if he made her naturally pregnant, as she had been able to do twice before, he would leave his wife for her.

However, MSB claims that their affair began not years ago, but rather after that child was conceived in 2017, himself and his wife.

KB has documents showing she had two abortions and listed MSB as the contact person. Not in her favor, however, is the fact that she signed a document in 2017 agreeing to transfer custody of the child she carried to the couple. She was granted some visiting rights, which she says she used to breastfeed the child, change diapers and provide other care 5-6 days a week.

Things started to sour between the three after KB started charging more, including a payment of $ 100,000 on top of the $ 40,000 she had already received in replacement. A final decision on custody is to be made in a process in January 2022.

PHOTO via Jonathan Borba

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