Barbara J. Katzenberg, Attorney at Law
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Surrogate mother will go to Superior Court for child custody

Whenever individuals in Massachusetts consider surrogacy, they must also carefully consider all eventualities related to it. All parties must be fully informed of the legalities of such an agreement, and it is not uncommon for those who rush into surrogacy to run into various problems that may even lead to litigation. A surrogate mother in another state is reportedly fighting for child custody of one or all of the triplets she carried and gave birth to in February.

The woman agreed to carry the children for a single 50-year-old man. The surrogate herself is a mother of four who had provided her services as a surrogate mother before. She claims she became concerned when the man asked her to arrange the abortion of one of the three babies during the 17th week of her pregnancy. She alleges he said he would not be able to afford to care for three children.

The triplets -- three healthy boys -- were born on Feb. 22, and although the woman who gave birth to them never saw them before they were removed and placed with the father, she remained concerned. She decided to take legal action and filed a federal lawsuit asking for a custody determination to be done to ensure the children are receiving proper care. She reportedly said that she will do whatever is necessary to get custody of one or all of the babies if there is any indication of insufficient care by the father.

Massachusetts individuals who are considering being involved in a surrogacy agreement -- regardless of whether it is the mother or the intended parent or parents -- may want to ensure that all potential issues are addressed timely. A consultation with a skilled family law attorney who is experienced in matters related to surrogacy and child custody may provide the necessary guidance. What may seem to be a simple agreement between two people can ultimately lead to costly litigation if not done properly.

Source: abc7.com, "Surrogate files lawsuit to gain custody of triples after father says he cannot support all 3", Coleen Sullivan, May 25, 2016

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