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CNN Live At Daybreak

California Surrogate Mother Wages Battle Over Twins

Aired August 14, 2001 - 07:07   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: An absolute nightmare: That is how a surrogate mother caught in the middle of a strange custody battle describes her situation to CNN.

Helen Beasley agreed to be a surrogate mother for a couple in California, and now she is charging the couple are unfit parents after they asked her to abort one of the fetuses.

The couple says they found another family to adopt the twins. Well, Helen Beasley is still suing.

(BEGIN VIDEO CLIP)

HELEN BEASLEY, SURROGATE MOTHER: These parents have made it expressly clear that they have not wanted these children. And I just don't feel -- you know, I mean they said they wanted to find new parents. They've been adamant they don't want these children. And you know, I think if they did change their mind, it would only be because of public opinion.

(END VIDEO CLIP)

LIN: So now here is the situation: Two unborn babies, at least five potential parents, and one big question -- whose children -- if these babies are born, whose children will they be?

Well, Ruth Claiborne is an adoption attorney who specializes in surrogacy cases. And she joins us this morning -- good morning, Ruth.

RUTH CLAIBORNE, ADOPTION ATTORNEY: Good morning.

LIN: A complicated case indeed. The surrogate mother, Helen Beasley, is charging that this California couple are unfit to be parents. Does this couple have a legal obligation -- if these babies come to term and they are born, do they have a legal obligation to take possession of the children?

CLAIBORNE: Well, there is so little law on this. That's what makes the case so complicated and problematic. Most states have no statutes in this area, and there are only a few cases that have ever addressed surrogacy at all. I don't know of any cases that have addressed a situation like this one.

So a great deal comes down to the contract between the intended parents -- the original intended parents and the surrogate, and how a court would interpret that contact.

No surrogacy agreements call for the intended parents to take possession of the child or children regardless of any disability or any other factors that may come into play. And so typically they would take possession. Now, of course, there is always the remedy of adoption. If they don't want to raise the twins, then they could locate another family and go through an adoption process.

LIN: But here is the problem -- I mean, both the surrogate mother as well as the couple now say that each has another family that would like to adopt the twins. So who has the right to assign these babies?

CLAIBORNE: It may come down to what a court would find as far as who is in breach of the contract. Was there truly an enforceable agreement to do selective reduction if there were twins? Was the -- what are the terms of that contract?

LIN: But we don't know.

CLAIBORNE: We don't know.

LIN: We don't know who has the right to these children if they are born.

CLAIBORNE: Right. That's right.

LIN: All right. Well, at the same time, you know, this lawsuit is going forward. If a judge rules in favor of the couple, you know, if -- let me put it this way. If the judge rules that the surrogate mother is in breach of the contract, how likely is it that a judge would then rule in favor of the couple and force the surrogate to have an abortion?

CLAIBORNE: Not at all. I don't think that could happen as a matter of constitutional law. I do not think that the contract could be enforceable in that way. But if the court finds that the surrogate mother is the one in breach of the contract, it's possible that the court could relieve the intended parents of their responsibilities. And I understand that that's another issue under the contract. Do they have to continue to fulfill all of the financial obligations of the contract?

LIN: So then the court could assign the children for adoption?

CLAIBORNE: Possibly. The court -- well, I don't know of any case, where a court has actually assigned children directly to another family for adoption. And so they could potentially turn the children over to the state for assignment.

LIN: How does the law view...

CLAIBORNE: But that's unlikely as well.

LIN: Yes. How does the law view surrogate mothers? I mean, is this surrogate mother essentially, you know, a machine for hire -- an incubator -- hired for a specific service or purpose?

CLAIBORNE: There are two kinds of surrogates, and in this case it is my understanding that she is not the genetic mother. That this pregnancy was accomplished by embryo transfer, and that she is not the genetic mother. And so that lessens her rights, if you will.

She is considered a gestational carrier. She is a human being, and she has all of the constitutional rights to make her own decision about whether or not to have an abortion.

LIN: Any predictions in this case?

CLAIBORNE: I hope the parties can settle it. That would be the best outcome of all, if they can come to an agreement about who would be the best parents for these twins.

LIN: All right. Thank you very much -- Ruth Claiborne.

CLAIBORNE: Thank you.

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