My stepsister begged me to be her surrogate after years of failed IVF — but at 8 months pregnant, I overheard her on the phone saying, “She can’t find out the truth before the baby is born.”

That is fr@ud on the court.

It is a serious matter regardless of the outcome of any custody question.”

“And the custody question?” I said.

“The surrogacy agreement, even the original version, was structured to transfer parental rights to Penelope and Marcus upon birth.

That is standard.

But the agreement was built on a specific set of disclosed facts — including the identity and relationship of all genetic contributors.

If those facts were misrepresented, the agreement itself may be voidable.”

“Meaning it might not hold.”

“Meaning a judge may find that you did not give informed consent to the arrangement you actually entered into.” She looked at me directly.

“You agreed to carry a child created from Marcus’s genetic material and a donor egg.

You did not agree to carry a child with a direct biological connection to your own brother — a connection that creates a legal and familial relationship between you and this child that was never disclosed.”

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