Reply to IVF embryo error, custody settlement

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It's an awful situation. But if I had to go with which mom gets custody, I'd choose the birth mom. I'd have a much easier time donating an embryo than being a surrogate (not that I'd choose to do either).[/quote]

One more time:

The decision should be made based upon what’s best for the child, not what’s best for the moms. [/quote]

Aren’t the two connected? There is an existing emotional bond between birth mother and baby that doesn’t exist with the biological mom. [/quote]

Exactly! And we know this because the gestational mother said in a court filing that she’d really like to swap this baby for her own genetic child (who didn’t exist, it turns out).  :roll: [/quote]

Her supposed bond can’t be measured or proven but biological bonds can be. [/quote]

I think we can infer something about her bond with the child from the fact that she was willing to give this baby up when she believed she would be able to swap it for her own genetic child.[/quote]

Right? Her first order of business was to find the parents. What mother needs to find her baby's parents? [/quote]

Where did the parents ever say that. I thought they said they wanted to track down their embryos and their kid’s bio parents? I didn’t see anything about a swap, but maybe I missed it.[/quote]

https://www.foxnews.com/us/florida-couple-sues-fertility-clinic-allegedly-giving-birth-someone-elses-baby

They intended to reunite this baby with the genetic parents when they still had hope that some other women was pregnant with or had given birth to their genetic child. When they learned that had not happened, they decided to keep this baby.[/quote]

It says nowhere that they wanted to swap the child. It says they wanted to identify the bio parents because they felt they felt they had a right to know and would want the same. The fundraiser refers to the birth parents as the baby’s parents. They express fear that the baby “could be taken from them at any moment.”

I have no how idea you could so heartless and cruel as to read into this that the birth parents wanted to trade babies.[/quote]

You didn’t read the article. The birth parents said that they were looking for the biological parents to return the baby in their legal complaint.[/quote]

Regardless of where one stands, I think people on this thread are giving too much credit to whatever each side says. Of course they’re gonna say all the right things! Bio parents won’t say “they can keep the girl, we wanted a boy anyway, and they are paying us a hefty sum at that”. The birth parents won’t say “we’d much rather have our own baby but time is running out so we’ll take the one we ended up with”. [/quote]

I think they are scared of coming forward and challenging a white couple in this country. We have no idea of who these people are and to cast them as sexist because they are south Asian is entirely indecent [/quote]

Scared of challenging a white couple to get their child back? Come on. What planet do you live on? 
Precedent suggests that the white parents would not get their way on this because they are white. 
There is likely another reason they are not coming forward. But yeah we do not know what the reason is. [/quote]

The custody process would take years. Even if the genetic parents win on the merits and the law, the child would be between 3-5 years old and it would be traumatic for the child at that point.  Its too bad the gestational parents werent magnanimous and gave the child back to the genetic parents as soon as they found out who they were. That would have been the right thing to do even if not legally required.[/quote]

This is the truth. Every day that child is with the birth mom is another nail in the coffin of the case for the real parents. They can’t win here and it is awful and selfish of the birth mom. Being a true mother means loving a child more than yourself and putting their well being and happiness before your own. [/quote]

The case law cited above in this thread shows that there is indeed a very good possibility that they could be awarded custody by the court.

We don’t know the reason the biological parents decided not to ask for custody even though there is ample evidence in case law that they could win. They’re not coming forward and sharing, which is totally their right. 
[/quote]

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