Woody and Jim

Woody and Jim

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Married Guy Has Affair With Their Surrogate: Wild Custody Fight Ensues.

Photo: Getty Images

A couple hired a surrogate to have their baby. And she got pregnant. But it was the result of an affair with the married man. Now she wants custody.

Here it is explained in cartoons...

A Canadian court is trying to sort out this custody tug-of-war.

A woman who was the surrogate for a married couple, who had an affair with the husband that resulted in the baby, now wants to share custody. The courts don't identify the individuals, just giving them initials.

The surrogate (known as KB) volunteered to have their baby because she said: "she wanted to support their marriage".

But after artificial insemination didn't work, the married man (referred to as MSB) had an idea. He suggested that he and the surrogate secretly make a baby the old-fashioned way. And he promised, if it worked, he would leave his wife and they would be a family. But he didn't.

Photo: Getty Images

Present-day: MSB and his wife are still together with the baby. And the surrogate has no visitation rights.

PLOT TWIST: Surrogate KB and MSB had an affair long before the fertilization journey began. THEY HAD SEXUAL HISTORY.

When the couple tried artificial insemination of the wife's eggs, it was unsuccessful after several tries. That's when they decided to let the surrogate use her own eggs and artificially inseminate her with the hubby's baby batter.

Court records say, “[K.B.] says that he also promised her that if she went along with that plan, he would leave [his wife] and they would raise the child together as husband and wife.”

Once the KB got pregnant, she said “M.S.B. was telling her that he would soon be leaving [his wife,] but now only after the child was born.”

The couple has given the court multiple text messages that say KB said she was excited to carry the child for them. The couple has also submitted a contract that says the married couple would take “full responsibility of the child.” Signed by the surrogate. KB says she never signed it and didn't know it existed.

Surrogate KB submitted a text from the husband that “appears to acknowledge that [the child] was indeed conceived by means of sexual intercourse between them.”

They all agree there was an agreement signed in 2017 that gave KB some visitation rights. In the first few years, KB said she fully participated in raising the child (including breastfeeding her, changing her diapers, cooking for her, and taking her to medical appointments).

Things broke down between the 3 of them when the couple claims surrogate KB wanted a formal visitation schedule and $100,000 for her participation. KB claims she got $40,000, but it was a gift from the husband (not for the baby's surrogacy).

While the final custody ruling has not been made. What should they do in the meantime?

The presiding judge says the surrogate “has not met the burden she carries to show that an order allowing her to resume contact with [the child] at this stage would be in [the child’s] best interests.”

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