Justme
I have a client who has 2 grown children. These children gave thier dad, as a gift a house, free and clear. Well,... medical found out and said he owes them 150K. Does any one know any good lawyer I can refer him to? I called different lawyers and no one seems to be able to help me. If you dont know a lawyer, can someone let me know what category a laywer like this would be under? Please help
Answer
Sorry baby
Sorry baby
Who Should get the baby?
Spread Pea
In a case in Florida a couple hired a woman to be their surrogate. Now she is refusing to give the baby to the couple. The surrogate is also the biological mother, they used her egg, fertilized it with the husbandâs sperm. However the surrogate mother never signed the contract, the couple never checked because they trusted the woman whom they found online via a surrogacy website. The woman cashed the check the couple gave her to carry baby /donate egg. The womanâs lawyer said under Florida law surrogacy is much like adoption, the mother (surrogate) has the option to keep the baby.
The couple has a young son also via surrogate different woman though.
So who should get the baby? Morally this woman should give the baby to this couple they trusted her to carry and give them their child, and she agreed to do that, as well as using her own egg. Maybe the woman never intended to scam them and just bonded with the baby as anyone carrying a baby is likely to do and even more that the baby is biological hers. However she didnât sign the paperwork so that makes you question it. But why? The price they paid really wasnât that much 1,500 dollars. It seems what could happen is that there would have to be joint custody because again the father is the biological father that was proved with a DNA test already. I just feel bad for this couple they didnât go into this with plans to have to share their child. Or possible never see her.
Answer
Morally, the couple should get the baby. But the laws don't work by morals. So this case will become an issue of who gets custody of the baby and who gets every other weekend.
Since one part of the couple is the biological parent, the couple could sue for custody. Would they have to prove the surrogate is unfit? Chances are yes.
I think what will happen is the surrogate will get physical custody and get child support. The couple will get every other weekend. The baby that was so badly wanted by a couple will become a piece of property that both sides will fight over.
If the couple decide to walk away, the husband is still responsible for child support if the surrogate asks for it. As for the check, since the contract wasn't signed it was a gift.
I think this is a very sad case and I wish laws were based on morals. The baby and the couple who wanted the baby now have to suffer. A women who offered to help a couple have a baby stole money, the baby and will now be rewarded for it by getting child support.
But the moral of this story is to make sure all you T's are crossed and I's dotted. Get the contract signed before you proceed with a deal. Then if something happens, you have legal paperwork to help prove your case.
Since this wasn't done, this case now becomes your typical family court dispute.
Morally, the couple should get the baby. But the laws don't work by morals. So this case will become an issue of who gets custody of the baby and who gets every other weekend.
Since one part of the couple is the biological parent, the couple could sue for custody. Would they have to prove the surrogate is unfit? Chances are yes.
I think what will happen is the surrogate will get physical custody and get child support. The couple will get every other weekend. The baby that was so badly wanted by a couple will become a piece of property that both sides will fight over.
If the couple decide to walk away, the husband is still responsible for child support if the surrogate asks for it. As for the check, since the contract wasn't signed it was a gift.
I think this is a very sad case and I wish laws were based on morals. The baby and the couple who wanted the baby now have to suffer. A women who offered to help a couple have a baby stole money, the baby and will now be rewarded for it by getting child support.
But the moral of this story is to make sure all you T's are crossed and I's dotted. Get the contract signed before you proceed with a deal. Then if something happens, you have legal paperwork to help prove your case.
Since this wasn't done, this case now becomes your typical family court dispute.
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