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.”