Surrogate ordered to hand baby over after she changed her mind

A woman who changed her mind after acting as a surrogate to a same-sex couple has been ordered to hand the child over after an 18-month legal battle.

Court documents reveal the woman, who can’t be identified, met the male couple online in 2015.

The woman, who had acted as a gestational carrier twice before, signed an agreement and travelled to Cyprus where she became pregnant using an embryo from a Spanish donor that had been fertilised using sperm from one of the men.

The case came to light after the latest decision was made public last week. Photo: Getty
The case came to light after the latest decision was made public last week. Photo: Getty

However a falling out saw the woman, who has five children of her own with her husband, decide to write a letter to the couple the day before the baby’s birth informing them she was not prepared to hand over the child.

She quietly give birth to the child in April 2016, and kept the arrival a secret from the same-sex couples, registereing a name she had chosen, rather than the one by the intended parents.

It wasn’t until a few weeks later the couple were told of the birth, and kickstarted a legal chain of events that saw the High Court ordering the child should live with the intended parents full time.

A falling out saw the surrogate change her mind, and decide to keep the baby. Photo: Getty
A falling out saw the surrogate change her mind, and decide to keep the baby. Photo: Getty

The decision also saw limited contact between the child – who is now 18 months old - and the surrogate six times a year, with the judge making note of the “continuation of what she saw as undermining behaviour on the part of [the surrogate and her husband].

However the decision was upheld by the Court of Appeal last month.

The surrogate was ordered to give the child back to its intended parents. Photo: Getty
The surrogate was ordered to give the child back to its intended parents. Photo: Getty

"This case is another example of the complex consequences that can arise from entering into this type of arrangement,” said Lord Justice McFarlane in his decision.

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