gay couple wins

U.K. Gay Couple Wins Custody Battle

U.K. Gay Couple Wins Custody Battle

gay couple wins

A little girl will be allowed to stay with her biological father and his boyfriend after a lengthy legal fight with the mother. England’s High Court decided the gay couple wins custody over a mother many deemed homophobic. The main argument was over the surrogacy agreement between the two parties and how it would affect the little girl. In the end, the judge ruled the child would be best served by living with her father and his boyfriend.

Mother Battles For Legality

Even before the baby was born, the mother had taken steps to ensure that she would be seen as the legal parent. She gave birth without telling the two men, had the child baptized against their will and breast fed the child in an attempt to prove bonding. But her vitriolic statements of the two men while in court were probably the last straw in her transparent attempts to hold on to the baby, despite her initial agreement to act as a surrogate mother for the gay couple.

Gay Couple Wins In Court And Many Hearts

In the U.K. agreements for surrogate parenting are not clearly defined, as they are here in the U.S. In addition, all mothers in the U.K. are defined legally as the person who gave birth, with the husband defined legally as the father. This ruling may be the beginning of a new recognition that surrogate parents need clear definitions, as well as a process that is clearly defined.

The woman took the two gay men to court, claiming that the father was simply a “sperm donor” for the child. The men maintained that they had invited the woman friend to help them create a child to be part of their family. After the child was born the woman began a legal battle to gain custody of the little girl. She continued to claim in court that the two men had agreed that she was to be the main parent of the child. The judge ruled that the woman had tricked the men, and had always intended to keep the child once it was born. He awarded parental custody to the gay couple with visitation rights granted to the mother.

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