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Surrogate mother in California with triplets files lawsuit to stop forced abortion

January 5, 2016  |  Posted by: JammedUp Staff
Surrogate mother in California with triplets files lawsuit to stop forced abortion

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A surrogate mother in California carrying triplets has filed a lawsuit in on Monday to stop the abortion of one fetus because the father wants only two of the children.

According to court documents, the woman filing the lawsuit, Melissa Cook is arguing that the state’s surrogacy law violates constitutional law.

“I no longer hold the same favorable view of the surrogacy arrangements as I once did. Children derive an individual benefit from their relationship with their mother,” Cook, said in a statement to The New York Post.

“I now think that the basic concept of surrogacy arrangements must be re-examined, scrutinized and reconsidered.”

Problems arose for the 47-year-old surrogate in November when the father who lives in Georgia, issued a threat, which he would financially ruin Cook by suing for damages if she didn’t agree to abort one of the fetuses.

The contract lists a stipulation that allows the father to request a “reduction.”

Attorney’s for Cook filed a 47-page complaint in state Superior Court in Los Angeles, which argues that the contract with the biological father written under the California surrogacy law violates the due-process and equal-protection rights offered under the US Constitution.

In the lawsuit, Cook is arguing she is the legal mother of the triplets and wants custody of at least one of the babies. Custody of the other two would later be determined by the courts

Cook has hired Harold Cassidy, the attorney who represented the surrogate mother in the 1986 famous Baby M case in New Jersey, which was the first custody case the courts ruled on the validity of surrogacy in the U.S.

“The surrogacy contract in this case and the California Surrogacy Enabling Statute will not withstand constitutional scrutiny,” Cassidy said.

“The notion that a man can demand that a mother terminates the life of one of the children she carries by an abortion, and then claim that she is liable for money damages when she refuses, is cruel to the mother,” Cassidy said.

He said it’s also “cruel to the child” to allow it to be raised by a stranger when Cook wants the baby.

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