The case involved conflicting claims over what arrangement had been agreed when the baby had been conceived. According to the father, the mother had agreed to be a surrogate, and he had donated sperm so that she could carry the baby for him and his partner, who would be the primary carers. The mother, on the other hand, claimed that it had been agreed that she would be the main parent for the child.
The judge accepted the father’s claim that he and his partner were meant to be the primary carers, and found it would be in the child’s ‘best interests’ to live with him.
In giving her decision, the judge commented that the mother seemed to be determined to act as if the child was only hers and had deliberately tried to minimise the father’s involvement in his child’s life. She also noted that the mother used ‘offensive language’ with regards to the father’s gay relationship.
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