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Gay dad to sue surrogate who kept his baby after his partner died

UK laws say the surrogate is treated as the mother and has the right to keep the child

2018-05-14

A gay dad is suing a surrogate mother after she barred him from the birth and kept the child.

The 30-year-old man and his 70-year-old partner met the woman through a surrogate agency and she agreed to have sperm implanted from the younger of the couple.

However, when the man’s older partner died she kept the baby and during labour she told nurses not to allow the biological father near her, according to The Sun.

A source told the publication: “She took the view that the child was no longer going to a loving couple.

“She formed a bond with him when pregnant and thinks she’s doing the right thing.”

The father is suing the woman claiming she broke the terms of their surrogacy agreement, however the UK law always treats the surrogate as the mother, meaning she has the right to keep the child.

The government website reads: “Surrogacy contracts aren’t enforced by UK law, even if you’ve signed a deal with your surrogate and have paid for her expenses.”