Well, it’s not every day that Houston and Texas are in the reproductive law world. We have some outstanding statues in place that protect donors and recipients but you need to make sure that you USE the law in order to prevent heartache.
A women in Houston had twins via Egg Donation last July with a “friend” as the known sperm donor. They obviously arranged a verbal type of areement whereas the intended mother would raise the child(ren) and the “father” would provide some monetary support and also social support of the child(ren) after birth.
When the mother delivered twins in July, the “father” was able to secure custody of the children by claiming the mother was only acting as a surrogate and had no right to the children. He took the twins to live with his boyfriend and after much legal mumbo-jumbo she was allowed to visit with them for several supervised visits per week. Key word, supervised!
Fortunately, cooler heads prevailed and she has gained custody of her biological children (while not her genetic children, she did gestate them and so is the biological mother).
A formal custody hearing is scheduled for late in November.
Moral of the story: Make sure that you do not enter into any type of third party reproduction without legal representation. If the woman had an agreement etc. none of this would have happened.
Read the whole story here: http://www.khou.com/news/local/Judge-determines-duped-surrogate-is-a-mother-178139161.html
Tags: donor egg, legal, surrogacy, third party reproduction