Surrogate Desires Custody of Little one She Says Was Conceived Throughout Affair

  • A surrogate mother in British Columbia is suing the father and seeking joint guardianship over the baby.
  • The surrogate mother said in court records that she had an affair with the married man.
  • A judge who is no longer involved in the case said the situation was “unprecedented”.
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One surrogate mother said she was impregnated by a man in British Columbia after agreeing to be his family’s surrogate mother. Now the woman wants joint guardianship for the baby she gave birth, she said in court files received by The Daily Beast.

The woman named KB on the court records also said the father, identified as MSB, had promised to leave his wife and raise the baby with KB, but never kept. He has denied the allegations and details of the affair.

British Columbia Supreme Court Justice Warren Milman said in court records dated June 30 that the situation was “very unusual” with no “comparable precedent.” Although an official custody agreement was not consolidated, Milman, who is no longer involved in the case, said he thinks the child should stay with MSB and his wife for stability reasons.

After a failed IVF attempt, the man naturally impregnated her, the woman said in court files

KB met MSB in spring 2014 and they started an affair, she said in the court records. Over the next two years, KB said, MSB impregnated her twice and she aborted both times.

During the affair, MSB and his wife struggled to get pregnant, so KB offered to act as a substitute through artificial insemination, she said. They traveled to India for IVF with MSB’s wife, but it failed, KB said.

The court documents showed a signed surrogacy agreement between both parties. KB refused to sign.

When IVF failed, MSB suggested natural insemination or sex with KB so she could get pregnant, KB told the court.

KB said MSB also told her “he would go” [his wife] and they would raise the child together as husband and wife, “the court documents say.

MSB denied these claims, saying the affair began after KB became pregnant with the loaned baby. In the summer of 2018 they parted ways.

Growing custody disputes led to a legal battle

KB filed the lawsuit against MSB in July 2020, saying it deserves joint custody, parental leave, and child support.

MSB and his wife said they paid the surrogate thousands of dollars during their three-year relationship for “progressively higher demands”, such as a formal schedule of visits with the baby, court documents said.

While a court prepares to hear the case in January, the KB couple denied all visiting rights.

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