Ohio Appellate Court Awards Custody Of Baby To Intended Mother Who Used Surrogate & Donor Gametes

The Court of Appeals of Ohio has finally ruled in a two year old custody battle between a single woman and her gestational carrier. Back in 2007, the Intended Mother, a single woman out of Florida, retained a surrogate agency in Cincinnati to help her have a child to be conceived with the assistance of a gestational surrogate, sperm donor and an egg donor. The Intended Mother, her fiance and the Surrogate signed a Surrogacy Agreement in which the Surrogate agreed to “immediately upon birth, relinquish physical custody of any children born as a result of the surrogacy….. and that any child or children born to Surrogate as a result of this Agreement will be the Intended Mother’s child or children.”

The Surrogate ultimately became pregnant with twins which were delivered more than 3 months prematurely. Sadly, one of the twins passed away and the relationship between the Intended Mother and the Surrogate soured. Litigation ensued with both parties claiming to be the mother and seeking custody of the surviving child. The trial court, back in October of 2008, ruled that the baby had no natural parents and turned to the Surrogacy Agreement for guidance. Initially, the court…