Subj : Re: Nobody's ... script editor To : alt.tv.er From : npardue Date : Mon Oct 03 2005 05:09:08 From Newsgroup: alt.tv.er Sharon Three wrote: > "MauiJNP" wrote in message > news:pWOdnQSewMCOBt3eUSdV9g@ptd.net... >> > I didn't think of it that way. The parents should sue the surrogate for > > all present and future medical costs, plus emotional damages. > > > Since the surrogates didn't take custody of the child from what I understand > (didn't see it), they'd have no legal standing to sue for anything except > maybe breach of contract and the return of the fees they paid. Besides, > it's doubtful the surrogate had a big bankroll or she wouldn't have been a > surrogate in the first place, the fee ain't all that much. We never saw the final outcome. When Ray told the bioparents that the baby would 'probably' have neurological problems, biodad said, "I didn't pay for a brain-dead baby!" Ray explained that the baby wasn't braindead and it was too soon to know how bad things would turn out to be. BioDad starts to leave and bioMom says "Where are you going?" "Home." "What about our son?" she asks. I don't recall his exact answer, but she follows him after a moment. So it sounds like SHE'S willing to parent this child, whatever the situation, and maybe if it turns out that the child appears to have a chance of some sort of life, bioMom will come back and claim him. Though too, wouldn't their 'legal standing' also depend on specifically what was spelled out in their particular contract?' Naomi (green with envy over your vacation ....) > > Legally in Ohio, the mother who delivers the child is the legal mother, even > if it wasn't her egg that was used, which often it isn't. She must > surrender her custody rights to the child for the adoptive parents to get > custody in a private adoption. If she surrenders custody, the baby goes > into the system if the adoptive parents choose not to proceed with the > adoption. Even if the potential adoptive father is the bioDad, he is not > named on the birth certificate unless he submits to paternity testing and > then agrees to sign it. Even then, he can surrender his rights to the child > just as the birth mom did and there's nothing to be done about it. > > Doc Sharon .