A surrogate who bore a child for a married couple has begun an extraordinary legal battle for joint custody of the baby because she had an affair with the father.
The woman, identified in Canadian court documents only by the initials KB, says she was having an extramarital relationship with the man, MSB, but offered to serve as a surrogate for him and his wife to help ‘support the marriage’.
After an attempt at artificial insemination failed, she claims he said they should try and conceive naturally and vowed that if it was successful he would end his marriage and raise the baby with her.
The woman, identified in Canadian court documents only by the initials KB, says she was having an extramarital relationship with the man, MSB, but offered to serve as a surrogate for him and his wife to help ‘support the marriage’. File photo
However, four years on the marriage is still intact and the surrogate is petitioning for visitation rights in a case that has reached British Columbia’s top court, reported
The affair between KB and MSB began in 2014, with KB claiming she fell pregnant twice but aborted the fetuses.
KB said she later offered to serve as a surrogate for the man and his wife of five years.
They travelled to India in 2016 for an attempt at artificial insemination using a frozen embryo from the wife but this failed, she alleges.
After this KB claims the couple asked her to serve as a surrogate using her own eggs, and that MSB suggested that rather doing this artificially they should have sex.
Explaining the alleged agreement reached between MSB and his mistress, the court document adds: ‘[KB] says that he also promised her that if she went along with that plan, he would leave [his wife] and they would raise the child together as husband and wife.’
However, the husband claims the affair did not happen until the baby was conceived and insists he never planned to leave his wife.
He adds that KB signed an agreement giving ‘full responsibility’ for the child over to him and his wife, something she denies.
Discussing the wildly unusual case, British Columbia Supreme Court Justice Warren Milman said there was ‘no comparable precedent’ directing his ruling on the child’s legal parentage. Pictured is an image of the court
KB claims she played a ‘maternal role’ in the child’s life, visiting her five or six times a week to breastfeed the infant and change her diapers.
However, the relationship between the trio later broke down, with the married couple accusing KB of insisting on a $100,000 payment and a formal visiting schedule.
By February 2020, the couple were denying her any visiting rights, prompting her to file a lawsuit six months later declaring she was the child’s parent and demanding join guardianship.
Discussing the wildly unusual case, British Columbia Supreme Court Justice Warren Milman said there was ‘no comparable precedent’ directing his ruling on the child’s legal parentage.
However, he denied KB visitation rights in the lead-up to the trial because it would be ‘impossible’ for her ‘to mask her true feelings for [the child] while she is in her care’.
Judge Milman will make his final decision in January.