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Feminism: Sex and gender discussions

Surrogate mother wins access to her biological son in landmark case - after gay couple said it was 'homophobic' for her to be involved in their 'motherless family' with 'no vacancy' for a woman

135 replies

lechiffre55 · 09/09/2024 17:50

Surrogate mother wins access to her biological son in landmark case - after gay couple said it was 'homophobic' for her to be involved in their 'motherless family' with 'no vacancy' for a woman
https://www.dailymail.co.uk/news/article-13828699/Surrogate-mother-landmark-case-gay-couple.html

Surrogate mother wins access to her biological son in landmark case

The two men (not pictured) claimed that the little boy would be confused if he saw his mother because he lived with them in a 'motherless family' and was being raised within the LGBT community.

https://www.dailymail.co.uk/news/article-13828699/Surrogate-mother-landmark-case-gay-couple.html

OP posts:
Winterjoy · 11/09/2024 12:50

nothingcomestonothing · 09/09/2024 20:37

She doesn't want custody, she's not tried to remove him from the dads or take their place, she just wanted contact and a relationship with him. They offered twice a year supervised by them, she's been given a day a fortnight.

My reading of the judgment was that the mother is granted 4 direct visits per year, so once every 3 months (plus regular indirect contact)?

Winterjoy · 11/09/2024 12:46

Supersimkin7 · 10/09/2024 00:39

The court psychiatrist pointed out that people need to know where they come from and that the child would ask questions.

Being told he was from a 2-father family wasn’t an answer.

The shrink also said that the fathers’ ‘fixed and rigid thinking’ wasn’t in the best interests of the child. The fathers reacted with rage and exclusion at any perceived threat, repeatedly. The fathers didn’t consider the feelings of their son or his mother.

DFs accused the mother of being mentally ill (she isn’t) but the psych criticised the men’s behaviour for aggression and refusal
to consider the reality of their birth arrangements.

Psych said the child had a right to reality - ie to know his mother, who loves him.

Shame some men think no one, including their own child, has the right to reality when it comes to how humans, feelings, and biology work.

Yikes, the council ninnies. One of the reasons they lost so flamboyantly was that they only paid for lawyers for the baby buyers, not for the mother, so the judge had a go.

I do think the woman was a bit of an idiot. The 3 parents didn’t know each other that well. The couple made loads of promises about mother-son contact it became clear they weren’t going to keep before she’d given birth. She panicked, handed baby over and vanished. Then came back asking to see her son.

No one acted in a civilised way. The judgment makes them do that now.

And the men then put on the court record that they vehemently reject the professional's findings, that he is biased against them and that none of what was stated applies to them, he is a big bad wolf who has simply got it all wrong.

Essentially demonstrating exactly what was stated by being enraged/excluding the perceived threat instead of showing any level of self-reflection or insightfulness. Sounds like the Dr was bang on the money!

HootyMcBooby · 11/09/2024 09:58

This couple have said the quiet part out loud IMO.
They have basically admitted that they are indoctrinating this child to lead a certain lifestyle populated only by certain kinds of people.

It will be interesting (and very telling) to see where this child is in 20 years time.

I doubt they will be a well rounded individual.

nothingcomestonothing · 11/09/2024 07:40

highame · 11/09/2024 06:59

@nothingcomestonothing thanks for that information. Wouldn't we have to get rid of mother as a concept, in the UK. It would be very messy, we have a complex language which makes a difference in law. The Nordic model may have been drafted in the earlier days of surrogacy and what would they do about biological mothers who wanted to retain rights before going ahead?

I'm not very sure of my footing with surrogacy but it is an interesting area of women's rights.

We don't have to get rid of the concept of a mother, because under the Law Commission reforms the purchasers (of whatever sex) would be the legal parents from birth. A child doesn't legally have to have a mother - eg in a male same sex adoption or a single male adopter, the child legally doesn't have a mother once the adoption order is made.

The Law Commission reforms to surrogacy are very clearly about making the process better for the purchasers. The link I posted isn't about the early days of surrogacy, it's the current direction of travel - the woman who grows and births the child having no legal relationship to it from birth. The previous set up is as with any child, the woman who gives birth has PR automatically, and it has to be given up by her or taken away by a court.

It's very clear the Law Commission wants to make surrogacy easier for the purchasers, and even disregarded the responses to the consultation which were against legal surrogacy at all. It's like having a consultation about whether we should have the death penalty by hanging or firing squad, and ignoring everyone who says 'no we shouldn't have the death penalty at all '.

It's much like the theft of women's rights to single sex spaces. Do you think we should allow this group of males to count as women, or this group? Shall we allow the sale of babies this way, or this way? with no option to voice that no, none of them. Two different fronts in the same war on women.

Edited typo

highame · 11/09/2024 06:59

@nothingcomestonothing thanks for that information. Wouldn't we have to get rid of mother as a concept, in the UK. It would be very messy, we have a complex language which makes a difference in law. The Nordic model may have been drafted in the earlier days of surrogacy and what would they do about biological mothers who wanted to retain rights before going ahead?

I'm not very sure of my footing with surrogacy but it is an interesting area of women's rights.

SinnerBoy · 11/09/2024 05:54

GiveMeSpanakopita · Yesterday 13:37

If they'd gone the adoption route than any expressed sentiment along these lines would have seen them booted off the waiting list.

Given the way that SS and the council went to bat for them, I have my doubts on that score.

BecauseRonald · 10/09/2024 19:19

KerryBlues · 10/09/2024 18:03

Inappropriate relationship 🤯

I am reading the judgement with my jaw on the floor at this couple's misogyny, selfishness and lack of insight.

dottiehens · 10/09/2024 19:07

Surrogacy is selfish and cruel to the child. I hope is banned. Not being able to have kids is not a reason to exploit children and vulnerable women. I am pretty sure the majority of surrogate mothers would have trauma and regret. It is only natural that they would. Why people can’t accept when there is not possibility of having their own kids? Treating it as a commodity is wrong and celebrities should be shunned when doing this for vanity reasons.

KerryBlues · 10/09/2024 18:03

nothingcomestonothing · 09/09/2024 19:59

From the court papers www.bailii.org/ew/cases/EWFC/HCJ/2024/20.html

we felt that [G] was unlikely to be flexible in her approach to contact and harboured desires for an inappropriate relationship with [Z]. However, we hoped, we could make the arrangements work for [Z] and [G] would have more respect for our family and accept her role as [Z's] surrogate'.

Woman, know your place Angry

Inappropriate relationship 🤯

lechiffre55 · 10/09/2024 17:58

nothingcomestonothing · 10/09/2024 17:24

Unfortunately that's not at all what the law reforms do. This is from Nordic model now:

the commissioning parents will automatically become the legal parents at the moment of birth. If the birth mother has second thoughts, her only recourse is to voice her objection within 6 weeks of the birth and then apply to the courts for a parental order. Even if the child was conceived from her own genetic material, the commissioning parents – as the legal parents – will take custody of it. This means she is unlikely to be granted a parental order even if she has the wherewithal to pursue one.

The birth mother would have to apply for a parental order from the courts for the baby she carries and births, the purchasers are the legal parents from birth. The reforms are intended to make buying a baby easier and safer for the purchasers, not for the women involved.

https://nordicmodelnow.org/2023/03/29/most-respondents-to-the-law-commissions-surrogacy-consultation-want-a-total-ban-on-surrogacy-in-the-uk/

That seems so unfair.
If the woman counts for so little after having done so much, go scorched earth, abort it.

OP posts:
MissScarletInTheBallroom · 10/09/2024 17:33

Bananaspread · 09/09/2024 18:47

I’m relieved by the judgement but concerned that this is further ammunition for those wanting the parental rights of surrogate mothers to be removed pre-birth. Astounded that the intended parents were supported by their local council. Why?!

I bet this particular local council is also the type to withdraw funding from rape crisis organisations which want to provide single sex services to female survivors.

MissScarletInTheBallroom · 10/09/2024 17:31

How much of an arsehole do you have to be to repay a woman who has been through pregnancy and childbirth for you, so that you could have a biological child, by treating her like this?

nothingcomestonothing · 10/09/2024 17:24

highame · 10/09/2024 09:34

This is an awful case and although some have said there might be a push to change the law, I think it highly unlikely there would be success. If it were successful those surrogate parents would then have to undergo the same rigours as parents who adopt. This, I assume would all be done before conception and then I assume, informal arrangements such as this wouldn't be allowed. I would have thought any move to totally remove the mothers rights in surrogacy would result in mothers getting more rights, not fewer.

Additionally, the couple may have been awful but apparently the child is thriving as do children adopted into same sex relationships.

Unfortunately that's not at all what the law reforms do. This is from Nordic model now:

the commissioning parents will automatically become the legal parents at the moment of birth. If the birth mother has second thoughts, her only recourse is to voice her objection within 6 weeks of the birth and then apply to the courts for a parental order. Even if the child was conceived from her own genetic material, the commissioning parents – as the legal parents – will take custody of it. This means she is unlikely to be granted a parental order even if she has the wherewithal to pursue one.

The birth mother would have to apply for a parental order from the courts for the baby she carries and births, the purchasers are the legal parents from birth. The reforms are intended to make buying a baby easier and safer for the purchasers, not for the women involved.

https://nordicmodelnow.org/2023/03/29/most-respondents-to-the-law-commissions-surrogacy-consultation-want-a-total-ban-on-surrogacy-in-the-uk/

Most respondents to the Law Commission’s surrogacy consultation want a TOTAL BAN on surrogacy in the UK | Nordic Model Now!

A short statement on the UK Law Commissions newly-published recommendations for surrogacy law reform and how they were opposed by the majority who responded to the consultation.

https://nordicmodelnow.org/2023/03/29/most-respondents-to-the-law-commissions-surrogacy-consultation-want-a-total-ban-on-surrogacy-in-the-uk

BecauseRonald · 10/09/2024 16:43

I see that the baby was born in September 2020 so the mum went through the pregnancy at the height of covid 🙁 meanwhile in the judgement the dads complain that at times they felt excluded during the pregnancy...

They said they were 'made to feel that the baby we had always dreamed of would never be ours' describing an occasion when they had sat on the nursery floor and cried.

Hmm
TheCoolOliveBalonz · 10/09/2024 15:22

That child deserves to know his mother. That is the primary matter. What on earth do same sex couples say to these children when they realise their father / mother is absent from their lives? Do we know what effect that has on the children? Surely it's devastating for some. Surrogacy should be banned. I also don't think sperms donation should be allowed without an on-going intention of a presence in the child's live.

lechiffre55 · 10/09/2024 15:17

TheMarzipanDildo · 10/09/2024 15:02

Big difference between adopting and buying, I don’t think it’s right to suggest that these are equally “narcissistic” things to do.

In my mind adoption is about putting the needs of the child first when compared to surrogacy. Adoption is offering and taking permanent responsibility for an existing child that is in need. Surrogacy seems to be about ordering a child of your own. I think the word "ordering" really fits here, it sounds inappropriate when talking about a child's life, but the more I think abour the word "ordering" sums up the element of 'to meet the demands and needs of the prospective parents'. There does very much seem to be a difference in who's needs come first when comparing adoption to surrogacy.

OP posts:
TheMarzipanDildo · 10/09/2024 15:02

Big difference between adopting and buying, I don’t think it’s right to suggest that these are equally “narcissistic” things to do.

lechiffre55 · 10/09/2024 14:46

I'd like to share a thought on this.
In the legal ruling that others have linked to, I'm still reading through, but point 9 really jumped out at me.
www.bailii.org/ew/cases/EWFC/HCJ/2024/20.html

"X and Y were introduced to G in 2018 via her sister, who was X and Y's friend. G, age 36, understood X and Y wished to have a child, that they had been unsuccessful in finding a surrogate and she offered to carry a child for them. G has an older child, B, age 15 years, who G has an equal shared care arrangement with B's father that has worked well for 13 years. It is an informal arrangement agreed between G and B's father and they have never needed to apply to court regarding this arrangement."

G is the surrogate mother. X and Y are the same sex couple. Can't escape the chromosomes :)

The surrogate mother already has a 15 year old child. It doesn't seem anyone cares about the impact on them. Your first brother/sister, and apparently no rights to have that sibling relationship. Having seen your mother go through pregnancy, but knowing you'll not get to have any relationship with your first sibling. How must that feel? This quite upset me when I read it.

The surrogate mother and her child's father being able to share custody of their 15 year old without involving the courts. This shows prior reasonableness in a similar situation.

I've got most of the judgment to read, and I'm sure I'll have more to say, but the one thing that strikes me so far is that everyone is not being treated equally. Apart from the judgement ( thank god judges seem not to be captured ), everything seems geared towards making X and Y happy irrespective of how G and her child feels. It feels like the sacred caste lense and treatment gets applied whever possible. G, her child, and X and Y are all equal in terms of their rights and in the eyes of the law, but they don't seem to be treated the same by SS or the council.

OP posts:
Surf2Live · 10/09/2024 14:08

I'm beginning to think that a lot of the evils of surrogacy, as we see in this case, and trauma from adoption as well, could be avoided if we made a law that recoginsed the importance of the mother / baby dyad. That relationship should only ever be severed after all support to the mother possible has failed or if the baby is in imminent harm from the mother (which is highly unusual).

And to recognise that the mother is the person the baby is born from, and not necessarily the genetic egg donor. Because it is the process of gestation that develops the bond between mother and baby, not genetics.

We are all born from a mother, and it is the first and most important relationship for our thriving. And before the WABTM I'm saying it's not the only important relationship, but it is the first and most important one.

A law to recognise the dyad and uphold it as a legal and highly important relationship.

Such a law could also possibly go some way to stopping abusive men holding the threat of taking children away from their mother via the court system as a way to stop her from leaving a DV situation.

Just a thought.

GiveMeSpanakopita · 10/09/2024 13:37

PaterPower · 09/09/2024 20:56

One of the ‘arguments’ they put forward in court was that the child was being raised in an ‘LGBTQ environment’ (I’m paraphrasing) so seeing his mother would confuse him. And so I wonder what their reaction will be should he turn out to be heterosexual, later in life.

Let’s hope that, by then, they’re a little more flexible and accommodating of lifestyles that differ from theirs (the irony is not lost on me).

was that the child was being raised in an ‘LGBTQ environment’

Ummmm...what does that mean exactly?

For those of us who think that sexuality of ANY sort should not be something a child is exposed to until at least adolescence?

If they'd gone the adoption route than any expressed sentiment along these lines would have seen them booted off the waiting list.

I hope that was a very light paraphrasing you used because....hmmm.

@yourhairiswinterfire "The parents had difficulty accepting..."

May I suggest that any adult who has difficulties accepting the facts of human reproduction is not particularly suited to being a parent at all.

Love your username by the way. Ben & Bev 4eva!

JeremiahBullfrog · 10/09/2024 13:29

Part and parcel of the same pretence as the trans movement: the lie that male and female are simply interchangeable. Here, the insistence on bringing up a child as if he was created without a woman's involvement - as if two fathers were biologically equivalent to a heterosexual couple.

drspouse · 10/09/2024 12:49

Most of the long term research shows good outcomes into adulthood from same-sex couples however most of the really long term research is from lesbian mums who had a baby in a straight relationship and then got together with their new female partner. Gay couples have been allowed to adopt for much less time and surrogacy is also relatively new en masse (we are adopters with a 12 year old and when we were struggling to have children - 15 years ago - it was mentioned but not as a serious option).

TomatoSandwiches · 10/09/2024 11:31

hamstersarse · 10/09/2024 09:42

Additionally, the couple may have been awful but apparently the child is thriving as do children adopted into same sex relationships.

the evidence shows the contrary. The best outcomes across all measures are children raised with a mother and father

if the trans debate has taught us anything, it’s that men and woman are not the same

Im sick of pretending it’s all ‘fine’
Almost every male gay couple I’ve ever encountered adopting or buying has had more than a hint of narcissism

<awaits deletion>

This is my experience also.

Supersimkin7 · 10/09/2024 10:40

You can’t generalise - that way lies madness. And men’s rights activists 😀

I feel a bit sorry for the Dads. They thought they had their own child at last and that they could do a perfectly decent job bringing him up on their own. They are.

It went wrong when reality rolled up in the form of an adult human female. Curse of men everywhere, innit 😀

Dads turned nasty. Possessive to the point of damaging everyone, inc their son. I think they were terrified.

Pyjamatimenow · 10/09/2024 10:35

I worry about this idea if children being raised in ‘LGBTQ households/environments’ or whatever. I know of a child locally who has same sex adopted parents. The child is trans. You can’t help but think that being in such an ‘ environment’ has been a factor in the child’s gender confusion.
We’ve moved far away from what is real. At the end of the day this is a child born from this woman’s egg and fed, grown and birthed from her body. She is his biological mother and he will not thank anyone for keeping her away. Look at long lost families, the vast majority of those people you see on there are not looking their dads. They’re looking for their mothers. The mother/ child relationship is the most important and impactful relationship people can experience.