A woman who acted as a surrogate for a couple looking to start a family is now asking for custody of the child, saying she had an affair with the baby’s father.
According to reports from The Daily Beast, a surrogate claims she was impregnated by a man in British Columbia after she agreed to be his family’s surrogate. Now she wants joint guardianship of the baby she gave birth to.
The woman, who is referred to as K.B. in the court documents, also said the father, identified as M.S.B., promised to leave his wife and raise the baby with K.B. but never followed through. Unsurprisingly, he has disputed these claims and the details of the alleged affair.
British Columbia Supreme Court Justice Warren Milman said in the court documents that it was a “highly unusual” situation with “no comparable precedent.” While an official custody agreement has not been solidified, Milman–who is not involved in the case anymore–said he thought the child should stay with M.S.B. and his wife for stability reasons.
According to court documents, K.B. says she met M.S.B. in spring 2014, which is when they began their affair. Over the next two years, K.B. claims M.S.B. impregnated her twice, and she had abortions both times.
During their affair, M.S.B. and his wife had trouble conceiving, which is why K.B. offered to serve as a surrogate through artificial insemination. They traveled along with M.S.B.’s wife to India for IVF, but that failed. While the court documents showed a signed surrogacy agreement between both parties. K.B. denied signing it.
When IVF failed, M.S.B. suggested natural insemination–having sex with K.B.–so that she could get pregnant, K.B. told the court. She said M.S.B. had also told her “he would leave [his wife] and they would raise the child together as husband and wife,” according to the court documents.
M.S.B. denied these claims, but didn’t completely deny his infidelity, saying the affair started after K.B. became pregnant with the surrogate baby. They broke things off in summer 2018.
In July 2020, K.B. filed the lawsuit against M.S.B., saying she deserved joint custody, equal parenting time, and child support.
On the contrary, M.S.B. and his wife said they’d paid the surrogate thousands of dollars over their three-year relationship as she made “progressively greater demands,” like a formal visitation schedule with the baby, the court documents said. For now, the married couple has denied K.B. all visitation rights.