H/T? To get the board moving~not quite adoption related

CaptainSerious

Have you seen this story?  This woman carried twins for her friend, and thought it would be a coparenting situation, but he's taken the babies and calling it a surrogacy.  She was not biologically related to them, and of course, they didn't have a writen agreement.

What do you think?  Should she have rights to the babies?

https://www.cnn.com/video/#/video/us/2012/09/24/erin-mattingly-pkg-texas-court-debates-motherhood.cnn?iref=allsearch

 

srmmm09

Why on EARTH would you  not get a written agreement? I mean hellooooooo...

CaptainSerious

I'm guessing he didn't get the agreement because he was scamming her all along.  I'm guessing she didn't because she saw this as just having a baby with a friend.

Foster1Mom

There is a reserved spot in hell for him. I am speechless and that is hard to do. 

I feel bad for her but I do not think legally she has much to stand on. You can tell her is so heart broken.  

IRR

Not having a written agreement was not smart, but if she was a "true" surrogate, she would have been paid for carrying the babies.  I didn't see anything about her getting any monetary benefits for doing this for them, so she may have a case.

Mrs.Slick

I find it incredibly hard to believe that there isn't an agreement somewhere. What medical professional would do that WITHOUT an agreement? 

We had to sign a bajillion papers for our IVF cycles and we're married. Our contracts covered ALL what if's so I can't wrap my head around a RE transferring embryo's without something on paper about what these people's situation was. 

 

That being said, if she wasn't paid she likely has a case.  

Ginny0211

Mrs.Slick:

I find it incredibly hard to believe that there isn't an agreement somewhere. What medical professional would do that WITHOUT an agreement? 

We had to sign a bajillion papers for our IVF cycles and we're married. Our contracts covered ALL what if's so I can't wrap my head around a RE transferring embryo's without something on paper about what these people's situation was. 

 

That being said, if she wasn't paid she likely has a case.  

 

Very good point. I hope the medical professionals involved in that office have changed their policies in order to prevent this from happening again.

This is so sad . She should have known better, but he should have a heart.  

jacksjerseygirl

I think there isn't enough info to judge.

It is portrayed as him being scum of the earth. And I do empathize with her.

However there is a lot missing. 1 how the two were portrayed to doctors did he go with her?; 2 I believe TX law is against surrogracy for in married couples and especially for gay couples so lack of contract doesn't surprise me which is why how it was portrayed to doctors is important; 3 how medical expenses were handled.

It is very possible that the woman is experiencing PPD which can obviously cause her to not think clearly or avoid the reality in other words could cause her to fabricate in order to regain the babies desperation. Even if that isn't the case I would suspect due to all the trauma and emotions that ppd is highly possible and hope she is receiving counseling.

We don't know what her mental state is normally. The guy chose a woman almost 50 and obese to carry. Why? Because they are friends? Because he saw her as an easy target? It just doesn't sit right even based on the physical health which makes me wonder about the mental health and education level. That is not meant to slam older moms, overweight moms etc. but to point out that it isn't the norm for surrogacy by IPs nor medical community. Which may go to prove that he prayed on her.

Either way it sucks. And law on surrogacy like adoption would benefit from uniformity.