FL Surrogate Wants To Keep Baby AND Get Child Support

[chobie]

It's also possible that the first surrogate wouldn't or couldn't provide this service again. I think this is going to be a na interesting case to watch, from both a legal and moral perspective. I think it will be precedent setting however it turns out.

Anne

Yep, but I'm willing to be the Florida policy will not favor enforcing a contract like this and to continue to treat it like an adoption.

 

[momof3disneyholics]

It the US, is intent involved as an ingredient to a contract. By cashing the $1500 deposit and accepting the husband's sperm in order to fertilize her egg would constitute intent to me.

ITA

 

[KariC]

Not my opinion....pulled from a website.

Florida currently has two excellent statutes that specifically regulate surrogacy.


The section of Florida law that permits and outlines the genetic surrogacy procedure is described in Florida Statute 63.212(1)(i). This law provides that a couple wishing to enter into such an arrangement must sign an agreement with a surrogate for her to carry the biological child of the intended father. The surrogate agrees that upon birth, the intended couple will obtain custody and later adopt the child. Signed consents are required prior to birth and are subject to revocation within seven days after birth (to the best of my knowledge, a genetic surrogate has never tried to rescind a written agreement in the state of Florida). In general, the adoption process with genetic surrogacy is an easy and reliable procedure.

Unlike the few states that permit genetic surrogacy, no fee or compensation may be paid to the surrogate here in Florida. This can save the intended parents tens of thousands of dollars! Expenses, including reasonable living expenses are given to the genetic surrogate regardless of the final pregnancy outcome.

(taken from http://www.legalsurrogacy.com/surrogacy-law.htm)

Hmm..not finding much in the florida statute. hey, maybe I should worry more about ohio statutes!

 

[va32h]

Part of me wonders if this is all on the up and up on ALL sides. I wonder if because the couple had done this before, because they found her from an online advertisement and because they didn't use the previous surrogate even though it was a "wonderful" experience, if they were maybe trying to cut corners somehow. If the couple didn't realize that the contract was signed, surely their attorney (which they are required to have according to Florida law) would have known. The more I think about it, the more this doesn't make sense.

You know, I agree. And some more things I am wondering about...

$1500 is the only dollar figure referenced in the article (and the other articles I found on the case when I Googled it).

No mention of how much the total payment was supposed to be, if $1500 was the "deposit". No mention of any other money sent to the surrogate, no mention of payments for prenatal care, and since the couple doesn't know when or where the baby was born, I think it is safe to say they didn't pay the hospital bill.

Now - since this couple is trying very hard to paint themselves as the victim of this case (based on their quotes), wouldn't they happily disclose any money they gave to the birth mother? Wouldn't that just strengthen their case, and make her look even more like a money-grubbing cheat?

But the only amount mentioned is the $1500. And even for a deposit - that's nothing. That's a fraction of what a surrogate would normally receive. The Center for Surrogate Parenting estimates the cost of a surrogacy as around $57K, with $15K going to the surrogate herself. So this couple gave her a 10% deposit, and I find it very curious that there is no mention of what the balance would be, or when it would be paid.

And I also have to wonder - if the birth mother is a money-grubbing scam artist, she's not a very good one. Why keep the baby, if all you want is money? Wouldn't it be more profitable to demand a huge sum for the baby, and then relinquish it, thus avoiding all the expenses of raising a child?

Why didn't she ask for money throughout the pregnancy? She may have - but then why aren't the adoptive couple saying so in their interviews, wouldn't it only strengthen their case?

 

[Keli]

There is a possibility a judge could give full custody to the father and require the birth mother to pay child support. If her intention was to defraud the father/adoptive mother it could backfire on her.
Although I don't see that as a likely senerio unless the father's lawyers find a lot of terrible things in this woman's life that would be harmful to the child.

 

[KariC]

You know, I agree. And some more things I am wondering about...

$1500 is the only dollar figure referenced in the article (and the other articles I found on the case when I Googled it).

No mention of how much the total payment was supposed to be, if $1500 was the "deposit". No mention of any other money sent to the surrogate, no mention of payments for prenatal care, and since the couple doesn't know when or where the baby was born, I think it is safe to say they didn't pay the hospital bill.

Now - since this couple is trying very hard to paint themselves as the victim of this case (based on their quotes), wouldn't they happily disclose any money they gave to the birth mother? Wouldn't that just strengthen their case, and make her look even more like a money-grubbing cheat?

But the only amount mentioned is the $1500. And even for a deposit - that's nothing. That's a fraction of what a surrogate would normally receive. The Center for Surrogate Parenting estimates the cost of a surrogacy as around $57K, with $15K going to the surrogate herself. So this couple gave her a 10% deposit, and I find it very curious that there is no mention of what the balance would be, or when it would be paid.

And I also have to wonder - if the birth mother is a money-grubbing scam artist, she's not a very good one. Why keep the baby, if all you want is money? Wouldn't it be more profitable to demand a huge sum for the baby, and then relinquish it, thus avoiding all the expenses of raising a child?

Why didn't she ask for money throughout the pregnancy? She may have - but then why aren't the adoptive couple saying so in their interviews, wouldn't it only strengthen their case?

Well, apparently Florida statutes would only allow for her to be paid for medical expenses, etc. She would not be allowed compensation for carrying her own genetic child.

I wonder, do they know if the baby has been born? There is a 7 day thing (word loss-pregnant brain) that she should have to report it.

Hmmm...anyway, been trying to find more info on this...Anyone?

 

[Beth76]

I think we can all agree that this entire thing isn't on the up-and-up. I mean how does the contract not get signed? Someone effed up big time. And I agree that the $1500 seems very low. I also don't like some of the language used by the couple: "she stole our child". Why stole, why not kidnap? And also with the new surrogate they said they wanted to try something else. If you had a great experience the first time, why not duplicate it? Granted yes, the surrogate maybe wasn't available. Then why not say that? I think they were trying to cut some corners. The only completely innocent in this case is the child.

 

[chobie]

I think we can all agree that this entire thing isn't on the up-and-up. I mean how does the contract not get signed? Someone effed up big time. And I agree that the $1500 seems very low. I also don't like some of the language used by the couple: "she stole our child". Why stole, why not kidnap? And also with the new surrogate they said they wanted to try something else. If you had a great experience the first time, why not duplicate it? Granted yes, the surrogate maybe wasn't available. Then why not say that? I think they were trying to cut some corners. The only completely innocent in this case is the child.[/QUOTE]


Amen to that. That is why I don't like surrogacy in general. I feel bad for people who are dealing with infertility and I feel bad for poor women who feel this is a good way to make some money and then realize they cannot part with the baby.

 

[va32h]

Well, apparently Florida statutes would only allow for her to be paid for medical expenses, etc. She would not be allowed compensation for carrying her own genetic child.

I wonder, do they know if the baby has been born? There is a 7 day thing (word loss-pregnant brain) that she should have to report it.

Hmmm...anyway, been trying to find more info on this...Anyone?

There are always ways to get around that "no compensation" thing. Just call it personal expenses, or pay in cash. And if the surrogate is already "dishonest" enough to not sign the contract, why wouldn't she be dishonest enough to demand compensation?

I have no doubt that babies are bought and sold in this country, regardless of the law. Couples who want a baby badly enough and women who want the money badly enough will find a lawyer to dress it up in whatever language passes muster in the courts.

As to when the baby is born, I imagine that the couple knows when she was conceived, and have been involved enough in the pregnancy to know that it is a girl, so they would know the due date.

I did find a few articles in a google search - most of them a rehash of the one posted here, but one that said the reporter visited the home of the birth mother, and saw a minivan driving away with a baby seat in it.

 

[Stucas]

The egg is from the surrogate mother.

I totally missed that part. probably the most important sentence too. Now I don't know how I feel. Its still wrong since she promised them the child and they paid her, but I can understand more now that she would feel she wants to keep it since its "her" baby too.

 

[jayssababy]

There is another link to the story and a video that shows that the surrogates attorney sent them a letter asking for child support. I also wanted to comment on this not being a "real" or "true" surrogacy. I can see how it may be viewed that way but it is actually the original type of surrogacy, before IVF was invented. It is referred to as Traditional Surrogacy, where the carrier is also the egg donor.
I have been and egg donor 6 times and a surrogate once, for this couple. Everything went so well with us that they let there guard down. We had a contract but no attorney and of course, I signed the contract.
At this point I hope that either the surrogate will come to her senses and do the right thing, or at least come to some kind of visitiation or custody agreement.
The most importnant thing is the baby. She needs both of her parents, whether that is the surrogate and the intended parents or just the intended parents.
It's all very sad but hopefully there will be a resolution in the near future.
For those of us in the surrogate community, it is disheartening because no one ver hears about the wonderful stories, just the negative ones. It tends to create a negative stigma.

Please keep this family in your thoughts and prayers.

Rebekah

 

[jayssababy]

Sorry, I cant seem to get the link to work but go to ABC Jacksonville and put in "surrogate" under the search and it will come up. also, go to news4jax.com and it clearly lays out that the surrogate is asking for child support, life insurance and full custody, saying he would not provide a safe environment for the baby. Of course that is total garbage. tehy have a beautiful home and are the best parents in the world to the other son, my surro (God son).

Also, the $1500.00 was just a "good faith" deposit, given upon confirmation of the pregnancy.

For most surrogates and egg donors, the reasons for doing this is not intended as a money maker. Like the majority of surrogates, I make a good living on my own and this is from the heart.

Everything went so well with us that they let there guard down. We had a contract but no attorney and of course, I signed the contract. In this case, she mailed back the contract without the signature page. Keep in mind, the contract is about 25 pages long, so when they received it, they just didn't look at the back page. I mean why would anyone assume that she would return it without the last page.

Rebekah

 

[jayssababy]

Another point...... the payment of living expenses is spreadout over the entire pregnancy, paid each month. The parents were paying the doctor for prenatal care, until she informed the doctor that she caught smoking, a clear breach of contract. At that point, early int he pregnancy, the smoking and alot of other lies began to surface. She switched to another doctor and would not tell them who the doctor was. They offered to pay her but when she cut off all contact, that was that.
They have been trying to mediate this ordeal since early in the pregnancy when she started being caught in lies. She has refuse all along. If you think about it, $15000.00 (an average amount for a surrogate) is nothing compared to child support from a wealthy man for 18 years. She could nearly get that in a year from him.
When she was busted while snooping through there financial documents, it started to become clear what she was up to. Too late by then because she was already pregnant.

Rebekah

 

[ducklite]

Sorry, I cant seem to get the link to work but go to ABC Jacksonville and put in "surrogate" under the search and it will come up.

http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=82698

Thanks for giving us this information.

Anne

 

[kdibattista]

There is another link to the story and a video that shows that the surrogates attorney sent them a letter asking for child support. I also wanted to comment on this not being a "real" or "true" surrogacy. I can see how it may be viewed that way but it is actually the original type of surrogacy, before IVF was invented. It is referred to as Traditional Surrogacy, where the carrier is also the egg donor.
I have been and egg donor 6 times and a surrogate once, for this couple. Everything went so well with us that they let there guard down. We had a contract but no attorney and of course, I signed the contract.
At this point I hope that either the surrogate will come to her senses and do the right thing, or at least come to some kind of visitiation or custody agreement.
The most importnant thing is the baby. She needs both of her parents, whether that is the surrogate and the intended parents or just the intended parents.
It's all very sad but hopefully there will be a resolution in the near future.
For those of us in the surrogate community, it is disheartening because no one ver hears about the wonderful stories, just the negative ones. It tends to create a negative stigma.

Please keep this family in your thoughts and prayers.

Rebekah

I'm not saying that I don't believe you although I find it rather strange that you found us. If, in fact, what you have said is true then yes, my opinion of her motives has changed and I would go as far as to say that the couple has grounds for full custody since it appears her mental state may be in question. I'm curious why no mental health screening was done... or was it?

Since each party in the state of Florida is required to have legal representation (as everything I have read states that), I'm curious how it is possible that you did your surrogacy this without a lawyer? Especially the adoption side. I'm sorry... I stick with my original thoughts that something is fishy... all around, now including your surrogacy/adoption.

I will keep that baby in my thoughts

 

[va32h]

There is another link to the story and a video that shows that the surrogates attorney sent them a letter asking for child support. I also wanted to comment on this not being a "real" or "true" surrogacy. I can see how it may be viewed that way but it is actually the original type of surrogacy, before IVF was invented. It is referred to as Traditional Surrogacy, where the carrier is also the egg donor.
I have been and egg donor 6 times and a surrogate once, for this couple. Everything went so well with us that they let there guard down. We had a contract but no attorney and of course, I signed the contract.
At this point I hope that either the surrogate will come to her senses and do the right thing, or at least come to some kind of visitiation or custody agreement.
The most importnant thing is the baby. She needs both of her parents, whether that is the surrogate and the intended parents or just the intended parents.
It's all very sad but hopefully there will be a resolution in the near future.
For those of us in the surrogate community, it is disheartening because no one ver hears about the wonderful stories, just the negative ones. It tends to create a negative stigma.

Please keep this family in your thoughts and prayers.

Rebekah

Why on earth should anyone believe you? Is this the only place on earth this case is being discussed, that you felt the need to register and defend this couple?

Sorry, but I think you are making the whole thing up.

 

[va32h]

http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=82698

Thanks for giving us this information.

Anne

But that article says nothing about insurance or changing doctors or any of the other claims this new poster has made. The closest thing is this:

Last year, the couple says it signed a "surrogacy contract" with the Jacksonville woman. But they say since they trusted her, they never checked to see if she signed the document.

Then, two months into the pregnancy, the family says their surrogate started asking strange questions. "Personal questions, like how much money I made doing this, doing that. And then how much money I made at the end of the year," Tom remembered. "My first surrogate never asked me how much money I made."

And then, a letter arrived from the surrogate mother's lawyer.

It says this case is now a "child support issue."

"We didn't think anybody would be that low to use a child as a way to scam people out of money. That's pretty -- I mean -- I just didn't think anybody would be that low," Tom said.

Gee, maybe the surrogate asked how much money they made because she realized they were trying to scam her by offering $1500 for her egg and the use of her womb for nine months.

According to their own quotes, this couples first concern was being scammed out of money, not getting the child they insist is theirs.

I'm not buying it.

 

[declansdad]

Why on earth should anyone believe you? Is this the only place on earth this case is being discussed, that you felt the need to register and defend this couple?

Sorry, but I think you are making the whole thing up.

And why should you automatically dismiss the person as being untrue?

But that article says nothing about insurance or changing doctors or any of the other claims this new poster has made. The closest thing is this:



Gee, maybe the surrogate asked how much money they made because she realized they were trying to scam her by offering $1500 for her egg and the use of her womb for nine months.

According to their own quotes, this couples first concern was being scammed out of money, not getting the child they insist is theirs.

I'm not buying it.

You would expect one article to contain all the information and for it all to be 100% accurate. How would you know that $1500 was all that she was paid?

 

[va32h]

And why should you automatically dismiss the person as being untrue?



You would expect one article to contain all the information and for it all to be 100% accurate. How would you know that $1500 was all that she was paid?

Why should you autmatically believe them?

Anyone can go on the internet and say anything. I received an email today telling me that I won the South African lottery, and if I just provide them with my bank account number, they will transfer the money immediately. Guess I should give them the benefit of the doubt too.

Don't you find it amazingly coincidental that this couple's surrogate just happens to find this thread on one of millions and millions of internet message boards?

If she is so determined to publically defend this couple, why not call up any of the Florida media outlets that have already covered the story and go on record there? Why come to a relatively obscure message board to do it?

My point in quoting the article was that the so-called first surrogate poster cited that article as proof of all the claims she made in her post. I was pointing out that in fact, the article did not back up her statements.

How would I know that $1500 was all that was paid? I don't. But then you don't know that any other monies were paid, do you?

Since the adoptive couple has repeatedly said that the surrogate wanted to cheat and extort money from them, doesn't it make sense that they would list all the amounts and times that such money had been extorted? But they only mention one amount - $1500. If she took more money, why not say so? wouldn't that only make their case stronger?

 

[jrmasm]

I think if the surrogate truly had a change of heart, she'd be looking to terminate the father's parental rights and looking for other adoptive parents, not seeking child support.