Originally Posted by fairyfruitcake:
“Trevor has no rights in law, that's not my opinion, its not something that I "think", its a fact. It's also a fact that most mothers bond with their baby in the womb and its also a fact that we do not understand everything about human development, not enough to be certain how much a baby is affected by what happens to it in the womb.
This situation is not fair on any of them, in my opinion and this storyline has made me really think about surrogacy and I'm not really sure exactly where I stand on the subject.”
Actually the above is not 100% correct. Esther is the mother in the eyes of the law, however the birth certificate is an interesting case. Esther could put down unknown, but in this case she doesn't seem to want to restrict access to Trevor and Grace. If she puts Trevor down as the father; he will have rights. It all hinges on what she would sign on the certificate. Trevor would then need to apply for full/shared custody.
If Esther put down unknown; he would need to go through the courts and prove himself the father. In some ways, it helps that Trevor is the father and Grace would need to rely on him, to get custody. The sad thing for Grace would be her not being the registered and legal mum. Given Esther is a lesbian, I don't think Trevor would have to do much to prove himself the father to the courts. But that doesn't mean an automatic ruling of baby goes to birth father.
Personally, I believe a child should always be with the biological parents if they want them and the child is in no danger. I just think of how I'd feel as the child later on in life...would I be curious and feel I'd want to know the woman who carried me, but had no genetic/ blood link to me vs my biological parents. and how would I feel to be raised by a woman who carried a child for a couple (and biological I was 100% the couple's child) when said biological parents wanted me. And if we put that the other way round and biological parents took me away from a woman who carried me for them, but felt my mother and gave birth to me. As that child; you be more upset at the loss of the biological parents, not at the surrogate.