Reply to IVF embryo error, custody settlement

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[quote=Anonymous]It is tragic this baby is not with her biological parents who desperately wanted a child and never agreed to give away their embryos and have someone else raise their child. It is ridiculous the baby is not returned to her biological parents, but the way Florida laws are written

When Tiffany Score and her partner realized the baby was dark and couldn't be their biological child their primary motivation was NOT to keep the baby. Before the truth was uncovered, their public tone and legal focus heavily conveyed that they were desperately trying to return the baby to her biological parents AND track down their own missing biological child. They thought that their embryo was implanted in another woman and they wanted that child back.

Once they found out they did not have a biological child from a missing embryos there was a massive shift in their argument. It changed to they wanted to keep the baby.

This is from their lawsuit that they filed in January before knowing if they had a biological child that had been born from their own embryos:

"...despite the certain knowledge that Baby Doe is not their genetically matched child, the emotional bond grows stronger every minute of every day that Baby Doe remains in their care. They would willingly keep her in their care; however, for the sake of both Baby Doe and her genetic parents, they recognize that Baby Doe should legally and morally be united with her genetic parents so long as they are fit, able and willing to take her."

And as part of the lawsuit they filed in January is a letter they wrote to the clinic where again they said they wanted the baby to be returned to her biological parents. "The first concern of our clients is for, [name of child]'s interests and the interests of her biological parents with whom she should be united as soon as humanly possible."

And of course the white parents wanted to know if they had children who should be with them. "JOHN DOE AND JANE DOE have an equally cornpelling right to be fully informed of the disposition of their own ernbryos and to be relieved of the ever-increasing mental anguish of not knowing whether a child or children belonging to them are in sorneone else's care."

The reason they can keep the baby is that they realized Florida law is in their favor. Under Florida Statute Chapter 742 (which governs determination of parentage), the woman who gives birth to a child is legally recognized as the natural mother from the moment of birth.The Exception: This status only changes if there is a pre-signed, legally binding Gestational Surrogacy Agreement.

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