File photo: She then said he secretly promised her that if the impregnation was a success, he would leave his wife and raise the baby with her as their own. | Pikist.com
File photo: She then said he secretly promised her that if the impregnation was a success, he would leave his wife and raise the baby with her as their own. | Pikist.com

The affair, the surrogate and a baby equals recipe for disaster

By Marchelle Abrahams Time of article published Jul 9, 2021

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It reads like the plot of a B-grade movie… only for these two it was real life, with the whole sordid “affair” laid out in front of a court.

This week a Canadian court is to decide on a somewhat unusual surrogacy case.

A surrogate claims she fell pregnant after having an affair with the father and now she wants joint custody of the baby.

The surrogate, identified in British Columbia court documents only by the initials KB, says she was engaged in an extramarital relationship with the father – also identified by his initials, MSB, the Daily Beast reported.

She claimed she offered to be their surrogate because “she wanted to support their marriage”.

And here’s where the lines start blurring. After a failed attempt to inseminate her artificially, KB claimed MSB suggested they try to conceive naturally.

She then said he secretly promised her that if the impregnation was a success, he would leave his wife and raise the baby with her as their own.

According to court documents, the two met in 2014 and started their affair shortly after.

Now years later, KB says she is being denied visitation rights… this after playing a “maternal” role to the child, breastfeeding her and changing her nappies.

But MSB’s account of the events contradict that of his “mistress”. He admitted to the affair but disputes her claim that he promised to leave his wife and raise the baby with her.

While noting the “unusual facts of this case”, Justice Milman said there was “no comparable precedent” directing his ruling on it.

He is yet to rule who the child’s legal parents are.

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