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Surrogate mom who kept kids must pay dad
cleveland.com ^ | March 16, 2006 | John Horton

Posted on 03/16/2006 9:55:43 AM PST by mlc9852

A surrogate mother breached a contract when she secreted away the triplets she delivered for a would-be Kirtland father and set out to raise them at her Pennsylvania home, an appellate court ruled Wednesday.

The 9th Ohio District Court of Appeals ordered Danielle Bimber to reimburse James Flynn her $20,000 surrogate's fee plus child-support that Flynn has been required to pay as the biological father of the three boys. The decision was unanimous.

Presiding Judge Lynn C. Slaby used the opinion to implore state legislators to tackle the complicated issue of surrogacy, which is not addressed under state statutes. He wrote that Ohio has "failed to address the rapid technological advances of surrogacy."

The legal fight over the triplets started soon after the boys took their first breaths in November 2003. Court cases stretch across three states - Ohio, Pennsylvania and Indiana - and involve multiple parties, including egg donor Jennifer Rice, a Texas college student who sued for parental rights.

(Excerpt) Read more at cleveland.com ...


TOPICS: Culture/Society; US: Ohio
KEYWORDS: canofworms; surrogateparents; whatatangledweb
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1 posted on 03/16/2006 9:55:46 AM PST by mlc9852
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To: mlc9852

"must pay back" dad seems more accurate than "must pay" dad. What about pain and suffering? Aren't men allowed to be compensated for that?


2 posted on 03/16/2006 9:58:36 AM PST by ClearCase_guy (Never question Bruce Dickinson!)
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To: ClearCase_guy

I have no opinion. Just wanted to see what others thought about this mess.


3 posted on 03/16/2006 9:59:32 AM PST by mlc9852
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To: mlc9852

Wow, what a mess. I wonder how the surrogate's husband feels about all this...


4 posted on 03/16/2006 10:01:01 AM PST by LongElegantLegs (Going armed to the terror of the public.)
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To: mlc9852

I think this is a reasonable judgment based on contract law. Good for the judge!


5 posted on 03/16/2006 10:02:26 AM PST by Tax-chick (Death is perishable. Faith is eternal.)
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To: mlc9852
Understood. I think people who get invovled with surrogate births are fools. It's treating a human as a manufactured product and putting them up for sale. Emotions kick in, and the item gets taken off the market, and the customer gets irate.

I'm quite surprised its legal.

6 posted on 03/16/2006 10:02:59 AM PST by ClearCase_guy (Never question Bruce Dickinson!)
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To: RogerFGay; Z in Oregon

men's rights ping


7 posted on 03/16/2006 10:03:01 AM PST by FOG724 (http://nationalgrange.org/legislation/phpBB2/index.php)
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To: mlc9852

No-brainer. You don't get to take the guy's check, not fulfill your part of the deal, and keep the money.


8 posted on 03/16/2006 10:04:41 AM PST by ThinkDifferent (Chloe rocks)
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To: mlc9852

What an unbelievable story. I didn't know this type of thing went on. A third party provides ova....? These kids are not related what so ever to the surrogate, Bimber. Flynn is 64, fiance is 61....wow! Can you imagine taking on triplets at that age?

What a mess!


9 posted on 03/16/2006 10:05:25 AM PST by Dudoight
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To: mlc9852

What a mess.

The poor boys. no matter what happens, it's so screwed up for them!


10 posted on 03/16/2006 10:05:29 AM PST by Hoodlum91 (need a tagline)
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To: LongElegantLegs

If the surrogate's husband divorces her, the child support issue would be a major mess.


11 posted on 03/16/2006 10:06:05 AM PST by ncountylee (Dead terrorists smell like victory)
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To: LongElegantLegs

I don't know, but (I know I'm gonna get flamed for this) the dad/sperm donor is 64 years old. The surrogate mom is 31. I think the kids are better off with her then "dad".


12 posted on 03/16/2006 10:08:02 AM PST by Millee (Don't make me get out my voodoo doll out!)
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To: Howlin; onyx; Clemenza; Petronski; GummyIII; SevenofNine; martin_fierro; veronica; EggsAckley; ...

misc ping


13 posted on 03/16/2006 10:10:53 AM PST by EveningStar
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To: al baby
The 9th Ohio District Court of Appeals ordered Danielle Bimber to reimburse James Flynn her $20,000 surrogate's fee plus child-support that Flynn has been required to pay as the biological father of the three boys.

Bimber's reaction: Stuned.

14 posted on 03/16/2006 10:11:14 AM PST by martin_fierro (_____oooo_( )_oooo_____)
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To: mlc9852
ordered Danielle Bimber to reimburse James Flynn ... child-support that Flynn has been required to pay as the biological father of the three boys

I wonder how this links to the case of the guy trying to sever support with the woman who tricked him and had a kid by him. Looks like my joke of "Sue her for the child support he's been giving her" is a real possibility.

15 posted on 03/16/2006 10:11:22 AM PST by antiRepublicrat
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To: Millee
I kinda thought that too. Dad's 64? and the mom to be is 61? So by the standard life expectancy the kids will be 10 when dad kicks off and 17 when mom kicks.

I know that the so-called father has some legal standing here and the egg donor has some too. But the surrogate at least to me has absolutely no standing other than possession being 9 tenths of the law.
16 posted on 03/16/2006 10:15:59 AM PST by Ouderkirk (Funny how death and destruction seems to happen wherever Muslims gather...)
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To: ClearCase_guy
What about pain and suffering? Aren't men allowed to be compensated for that?

"Pain and suffering" is one of the biggest perversions of both the courts and money we have. People should be paid in money when it's money they lost. Non monetary losses are just that.

Other than that quibble with ~your~ post, the decision appears to be a good one. :~D

17 posted on 03/16/2006 10:18:12 AM PST by HairOfTheDog (Hobbit Hole knives for soldiers! www.freeper.the-hobbit-hole.net)
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To: Millee

"I don't know, but (I know I'm gonna get flamed for this) the dad/sperm donor is 64 years old. The surrogate mom is 31. I think the kids are better off with her then "dad"."


That is the most.......stop.


18 posted on 03/16/2006 10:23:00 AM PST by TET1968
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To: Millee
The surrogate mom is 31. I think the kids are better off with her then "dad".

Also...

...involve multiple parties, including egg donor Jennifer Rice, a Texas college student who sued for parental rights

Don't forget the egg-donor. The "mom" had NO biological relationship to the kids. Why does she get to keep them. What if I took someone's child from the hospital? Would having "possession" of them give me an advantage in court? These babies were cooked in her, but she didn't provide the ingredients.....

19 posted on 03/16/2006 10:23:01 AM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: Ouderkirk

Even if the parents live for another 30 years the idea of having three adolescents around when they are in their seventies may make them wish for death.

I found it rough in my thirties.


20 posted on 03/16/2006 10:25:27 AM PST by Mears (The Killer Queen-caviar and cigarettes.)
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