Family Law Group

More and more custody issues are being litigated in Chester County courts and in courts throughout the United States. These usually emotional cases are becoming even more complex. Consider the following case involving triplets, an egg donor, a surrogate mother and an indifferent father. 

The Case
The biological father, a single college math professor who earns a six-figure salary and lives in an affluent neighborhood, wanted to start a family and so enlisted the services of an egg donor from another state and a surrogate mother who carried and gave birth to triplet boys. However, once the boys were born, the father and his girlfriend failed to visit, name, or take any overt interest in the triplets for the several days they were in the hospital. Concerned, the surrogate revoked her consent for the father to visit them. And, because the biological father had no court decree naming him as the custodial parent, the surrogate was able to take the boys home.

The Ruling
Despite filing for sole custody the next month, the Court ultimately looked hard at the factual circumstances of both parties and an Erie County, Pennsylvania, judge affirmed primary legal custody of triplet boys to the surrogate mother, allowing only visitation to the biological father after finding that this would be "in the best interest" of the children. The ruling took place despite a surrogacy contract. 

Regardless of the biological father's affluence, the Court was concerned about many factors including the father's lack of initial involvement, citing his failure to adjust his work schedule to spend time with the boys when in his care; reliance on his girlfriend to care for them when he had visitation; the girlfriend's unusual possessiveness toward the boys; the father's reference to the boys as "this one" or "that one" (as opposed to by name); and when referring to them by name, not using the boys' legal names given to them by the surrogate - leading to confusion. The Court was more troubled by these factors than that the surrogate and her husband, who also have three other children, had filed for bankruptcy, and earn a humble $9,600 per year.

The Biological Mother
Another wildcard in this case is the triplet's biological mother, the egg donor from Texas. Early on, she attempted to have herself declared the legal mother but then failed to follow through with the case in Pennsylvania. As a result, the same judge who awarded custody to the surrogate for now found that the order could be subsequently amended should the biological mother wish to become actively involved at a later date.

Mired in Uncertainty
As this case exemplifies, the world of surrogacy can be less than clear and the complications can have ongoing consequences for all involved. A senator from Erie County has vowed to have the Pennsylvania legislature attempt to set forth some guidelines for the courts to follow. In the meantime, if proceeding with surrogacy, plan ahead and enlist the help of an attorney.

MacElree Harvey
17 West Miner Street
Post Office Box 660
West Chester, PA 19381–0660
p | 610.436.0100
f | 610.430.7885
f | 610.429.4486
e | info@macelree.com