Thursday, 28 March, 2024
HomeMedico-LegalRare medical incident gives rise to legal tussle over surrogacy

Rare medical incident gives rise to legal tussle over surrogacy

AllenA US woman who gave birth to her own child at the same time as she delivered a surrogate baby has been reunited with her biological offspring after a long legal battle. "I was heartbroken knowing I carried a baby I didn't know was mine and that he was taken from me without my knowledge and was in the arms of other people where he did not belong," Jessica Allen is quoted in a report in The Independent as saying.

The 31-year-old had decided to undergo a commercial surrogacy so that she could put the money towards a deposit on a home with her partner. The report says the practice is legal in California where they live and Allen, who already had two children of her own, agreed a fee of $35,000 to give birth to another woman's child.

The report says after undergoing in vitro fertilisation (IVF), doctors told Allen she was carrying two baby boys. But after giving birth, she said that she was not able to see them. About a month later, she received a picture from the babies from the mother, asking why the new-borns looked different.

The report says a DNA subsequently revealed that one of the boys was her biological match, while the other matched with a surrogate – an extremely rare medical incident called superfetation.

Allen's priority became to get her son back since the couple who hired her service remained legally responsible for the child – since the law did not provide for this rare medical incident known as superfetation. The report says an alleged dispute started between Allen and the couple, who did not want to keep the child that was not theirs and asked Allen for compensation.

Following a lengthy legal battle, Allen was given back her son, Malachi, and calls for financial compensation were dropped.

Omega Family Global, the company which arranged the surrogacy, is quoted in the report as saying that the company "takes great pride in the care, attention and support that is given to all surrogates who choose to embark on a journey with parents in their efforts of family completion".

[link url="http://www.independent.co.uk/news/world/americas/surrogate-mother-biological-son-rare-medical-incident-mistake-a8023411.html"]The Independent report[/link]

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