Minot Daily News<\/a>, she said the unborn child\u2019s right to the financial and emotional support of two parents trumps Shepherd\u2019s right to back out of this arrangement and avoid future contact with her ex-husband.<\/p>\n\u201cIf she [Shepherd] intended to become the child\u2019s mother when she arranged for its conception, she should be required to act as his or her mother when the child is actually born,\u201d Johnson writes.\u00a0 She continued, \u201cPresumably both the egg donor and the surrogate\/gestational mother have no desire to be this baby\u2019s mother and have signed away any parental rights they might have.\u201d<\/p>\n
I hate to break to to Sherri, but she’s a mom unless she can prove otherwise.<\/p>\n
Across state lines, the laws vary regarding egg donation and surrogacy.\u00a0 And while Sally filed for divorce in California and Shepherd filed in New Jersey, what matters is the laws of the state where they signed their surrogacy and egg donation agreements.<\/p>\n
As for this case, California has a very clear statutes and case law regarding surrogacy and the \u201cintent to parent\u201d controls. Genetics do not matter. So it does not matter that Shepherd said she used a donor. That argument won’t work. As mentioned earlier, we have cases and statutes that protect the parties and if she signed a contract saying she is the intended mother, she’s the mom when that baby is born.<\/p>\n
While Shepherd is allegedly claiming fraud, this will be tough to prove, unless she can substantiate that she didn’t sign the contract and, that would mean she wasn’t involved in the egg donor and surrogacy contracts. It’s hard to believe she didn’t know what was going on, but stranger things have happened.<\/p>\n
If her husband forced her to sign the contracts this would not be fraud, but rather, duress.\u00a0 And from the media reports, she\u2019s not claiming that.<\/p>\n
The consensus regarding Shepherd\u2019s refusal to care for this unborn baby is rather unanimous. While the majority understand how she may not want to associate with her estranged husband, what\u2019s hard to understand is her willingness to cut ties with this baby.<\/p>\n
Heated controversy and emotion is often entangled in divorce. \u00a0Let’s hope this gets resolved soon for the baby’s sake if no one else’s.<\/p>\n
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<\/a>The news article indicated that following a failed IVF attempt with Shepherd\u2019s own eggs, the couple ultimately decided to choose an egg donor and a surrogate to carry their baby.<\/p>\n