Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2009
    Posts
    4

    Question Surrogacy Gone Wrong

    My question involves paternity law for the State of: Mississippi/Missouri
    Last year my fiance decided to be a surigate(using her egg - their sperm) for a family who could not have kids.. The baby was born 1/27/09..6 weeks after he was born it became apparent that something had gone wrong and the baby is obviously mine.At the hospital she put the other man as the father on the bc but the woman has no rights yet -they are suppose to do a step parent adoption next month when he is 6 months old..I am tryin to get a court oprdered dna test so that I can claim my rights to my son..Ive been tryin since he was 6 weeks and I realised he was mine - they wont do one willingly..my fiance put my name on the paperwork for the adoption as a possible father but we dont know where to go from here... Any help?? Please??? [/I][/B]

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Illusion
    View Post
    My question involves paternity law for the State of: Mississippi/Missouri
    Last year my fiance decided to be a surigate(using her egg - their sperm) for a family who could not have kids.. The baby was born 1/27/09..6 weeks after he was born it became apparent that something had gone wrong and the baby is obviously mine.At the hospital she put the other man as the father on the bc but the woman has no rights yet -they are suppose to do a step parent adoption next month when he is 6 months old..I am tryin to get a court oprdered dna test so that I can claim my rights to my son..Ive been tryin since he was 6 weeks and I realised he was mine - they wont do one willingly..my fiance put my name on the paperwork for the adoption as a possible father but we dont know where to go from here... Any help?? Please??? [/I][/B]

    Why were you and the mother having unprotected sex...Actually ANY SEX AT ALL...while she was going through surrogacy process?

  3. #3
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Surrogacy Gone Wrong

    We had never done anything like this before - we were not told NOT to have sex.. Before she had her cycle and got off birthcontrol we used spermicide and once she had her period we used condoms everytime.. We didnt think this was at all possible... Though that has NOTHING to do with the question I asked - if you cant help why bother responding??

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Illusion
    View Post
    We had never done anything like this before - we were not told NOT to have sex.. Before she had her cycle and got off birthcontrol we used spermicide and once she had her period we used condoms everytime.. We didnt think this was at all possible... Though that has NOTHING to do with the question I asked - if you cant help why bother responding??
    Because it dumbfounds me that a person would have to be told to refrain from sex in those circumstances.

    You need to file to dis-establish or contest paternity. I would suggest (given the situation) you do this with a lawyer. You might (or the mother actually) be held responsible for all medical and related costs.

    Mom should take the contract (should the child be proven not LEGAL dad's) to a Lawyer to see what potential legal issues (think law suit) she is going to have.

  5. #5
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Baystategirl
    View Post
    Because it dumbfounds me that a person would have to be told to refrain from sex in those circumstances.

    You need to file to dis-establish or contest paternity. I would suggest (given the situation) you do this with a lawyer. You might (or the mother actually) be held responsible for all medical and related costs.

    Mom should take the contract (should the child be proven not LEGAL dad's) to a Lawyer to see what potential legal issues (think law suit) she is going to have.
    Thank you for your response, I appreciate your attempt at guidence... For the record we are not worried about the "lawsuite" that may be filed against her.. They did not pay med expenses - she did not do this for money and was barely paid anything at all.. Less than 10,000.00 as a matter of fact - when most surgacy's are over 60,000.00... And it wasnt done in a dr office - at the request of the parents they mailed the sperm to us overnight frozen and I personally inseminated her.. We asked them how things should work and were told us having sex would be fine - just use protection - which we did.. As I said we had never done anything like this before and had no idea it would turn out this way...
    You seem very informed though and I'd like to ask.. In order to file the disestablishment or contest paternity papers is it really necessary for an attorney... Do you know what forms need to be filed..??

    And one other thing... The baby was concieved and born in Mississippi and now lives in Missouri with the family... Which state would I file the paperwork in??

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Illusion
    View Post
    For the record we are not worried about the "lawsuite" that may be filed against her.
    You should be a bit concerned about the legal fees you may rack up trying to get a DNA test or to challenge the adoption proceeding. Maybe you'll be lucky, but some of these cases have literally dragged on for years through the trial and appellate courts of both states.
    Quote Quoting Illusion
    And it wasnt done in a dr office - at the request of the parents they mailed the sperm to us overnight frozen and I personally inseminated her.
    I guess so.
    Quote Quoting Illusion
    In order to file the disestablishment or contest paternity papers is it really necessary for an attorney... Do you know what forms need to be filed..?
    The baby was born in Mississippi, and mom put the other guy down as father in Mississippi? Then you would normally attempt to dispute that in Mississippi. But as the baby's in Missouri, unless the other couple becomes suddenly cooperative you're also going to have to litigate in Missouri to get a DNA test, and will also have to litigate there to try to stop the pending adoption.

  7. #7
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Surrogacy Gone Wrong

    That doesn't sound like surrogacy. It sounds like baby selling. BIG difference. What attorney set this up? What organization was involved to broker this deal? How did she put HIS name on the birth certificate? was her there to sign the birth certificate?

  8. #8
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Ohiogal
    View Post
    That doesn't sound like surrogacy. It sounds like baby selling. BIG difference. What attorney set this up? What organization was involved to broker this deal? How did she put HIS name on the birth certificate? was her there to sign the birth certificate?
    It was NOT baby selling - are you kidding me!! The only time they gave her money was because she was so sick in the begining she couldnt work so they helped with some bills... this was NOT done for money!!She was trying to help these ppl have a family - it just all turned out wrong - and WE had no attorney - THEY did - their attorney set everything up and drew up all the paperwork.. She put HIM on the birth certificate because we THOUGHT he was the father and YES he was there to sign.. Unless you have valueable input and can help - you can keep your opinions to yourself - you totally misread this and I dont need your judgement - I came on here for ADVICE

  9. #9
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Surrogacy Gone Wrong

    Quote Quoting Illusion
    View Post
    It was NOT baby selling - are you kidding me!! The only time they gave her money was because she was so sick in the begining she couldnt work so they helped with some bills... this was NOT done for money!!She was trying to help these ppl have a family - it just all turned out wrong - and WE had no attorney - THEY did - their attorney set everything up and drew up all the paperwork.. She put HIM on the birth certificate because we THOUGHT he was the father and YES he was there to sign.. Unless you have valueable input and can help - you can keep your opinions to yourself - you totally misread this and I dont need your judgement - I came on here for ADVICE
    You were just questioned by an attorney. One the works in FAmily Law and is a GAL.

    1. Sponsored Links
       

Similar Threads

  1. Ticket Errors: Wrong Code, Wrong Date and Wrong Car Registration
    By KRN925 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 11-17-2010, 02:19 AM
  2. Surrogacy: Surrogacy, and Naming the Biological Father Instead of Husband on Birth Certificate
    By Sued in forum Adoption Law and Surrogacy
    Replies: 4
    Last Post: 09-21-2010, 03:02 PM
  3. Surrogacy: International Surrogacy and Citizenship Issue for the Child
    By surrogate_baby in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 06-04-2010, 08:49 PM
  4. Surrogacy: Surrogacy Gone Wrong
    By stafforda in forum Adoption Law and Surrogacy
    Replies: 2
    Last Post: 09-30-2008, 12:22 PM
  5. Surrogacy: Gestational Surrogacy
    By Miranda'sMom12 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 04-28-2005, 12:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources