A woman who was a surrogate for a couple said she had an affair with the father — and now she wants custody of the child

Jacklyn

A surrogate said she was impregnated by a man in British Columbia after she agreed to be his family's surrogate. Now the woman wants joint guardianship of the baby she birthed, she said in court papers obtained by The Daily Beast.

The surrogate said in court documents that she had an affair with the man, who's married.

A judge who's not involved in the case anymore said the situation was "unprecedented."

The woman, called K.B. in the court documents, also said the father, identified as M.S.B., had promised to leave his wife and raise the baby with K.B. but never followed through. He has disputed the claims and the details of the affair.

British Columbia Supreme Court Justice Warren Milman said in the court documents, dated June 30, that it was a "highly unusual" situation with "no comparable precedent." Though an official custody agreement has not been solidified, Milman, who's not involved in the case anymore, said he thought the child should stay with M.S.B. and his wife for stability reasons.

After a failed IVF attempt, the man naturally impregnated her, the woman said in court documents

K.B. met M.S.B. in spring 2014, and they began an affair, she said in the court documents. Over the next two years, K.B. said, M.S.B. impregnated her twice, and she had abortions both times.

During the affair, M.S.B. and his wife had trouble conceiving, so K.B. offered to serve as a surrogate through artificial insemination, she said. They traveled along with M.S.B.'s wife to India for IVF, but it failed, K.B. said.

The court documents showed a signed surrogacy agreement between both parties. K.B. denied signing it.

When IVF failed, M.S.B. suggested natural insemination, or having sex with K.B., so that she could get pregnant, K.B. told the court.

K.B. said M.S.B. had also told her "he would leave [his wife] and they would raise the child together as husband and wife," the court documents said.

I read this and thought that it was insane. What are your thoughts ladies?

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