In Canada, the court is trying to work through a very complicated case. In this case, a woman who bore a child for a couple as their surrogate is suing for joint custody of the child because she had a juicy affair with the father. The surrogate, whose identity has been protected by the British Columbia court and identified as solely K.B., claimed to be having an affair with the baby’s biological father when she offered to be the couple’s surrogate.

Although the surrogate approached the situation with good intentions, she said she “wanted to support their marriage,” so she volunteered to grow a baby for the couple while she continued her affair with the man on the side.

However, things became very complicated. The woman did not become pregnant with attempts to artificially inseminate her. That’s when the husband offered to have sex with her to try to conceive. According to the surrogate, the man promised he would leave his wife if the woman became pregnant with a child, and they could raise the baby as their own.

Four years later, the pair are involved in a bitter custody battle. The father is still with his original wife and has denied the surrogate any connection to the baby. Because she has not been allowed to see her biological child, the surrogate has taken her case to the highest court in British Columbia and hopes to gain partial custody of the child she helped bring into the world because of her affair with the father throughout the pregnancy.

The father is identified as M.S.B. in the Canadian court and first met with a woman who would become the couple’s surrogate in 2014. Court documents indicate that the pair started an affair shortly after meeting. She claims that she became pregnant by M.S.B. two times during the early stages of their affair but had an abortion both times.

Nevertheless, the woman said she wanted to support M.S.B. in his current marriage. The man’s wife of five years was struggling to conceive, so the couple sought out the help of K.B. as a surrogate.

In July 2016, the three people traveled to India to implant a frozen embryo into K.B.’s uterus. However, the procedure was unsuccessful. The couple decided to ask the surrogate if she would use her own eggs. That’s when the man offered to impregnate her naturally as he had done twice before.

“Moreover,” the court documents state, “[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.”

In April 2017, the surrogate became pregnant.

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

By May 2017, the trio signed an agreement giving the couple full custody of the child but the surrogate visitation rights. In the first two years of the child’s life, the surrogate helped raise the baby by breastfeeding and changing diapers.

B.C. Supreme Court Justice Warren Milman said that while the family awaits trial in January, K.B. should be allowed interim visitation rights.

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