- A surrogate in British Columbia is suing the father for joint guardianship of the baby.
- The surrogate allegedly had an affair with the man, who is married.
- A judge removed from the case says it's "unprecedented" and that the married couple should get the baby.
- Visit Insider's homepage for more stories.
A man in British Columbia allegedly impregnated his secret lover, who had agreed to be his family's surrogate. Now, the woman, called K.B. in court documents, wants joint guardianship of the baby she birthed, according to court papers obtained by The Daily Beast.
She also said the father, identified as M.S.B. in court documents, promised her to leave his wife and raise the baby with K.B., but he never followed through. He disputes the claims and the details of the affair.
According to British Columbia Supreme Court Justice Warren Milman, it's a "highly unusual" situation and has "no comparable precedent." Though an official custody agreement has not been solidified, Milman, who is not involved with the case, told the Daily Beast the child should stay with M.S.B. and his wife for stability reasons.
After a failed IVF attempt, the man allegedly naturally impregnated his mistress-turned-surrogate
K.B. first met M.S.B. in spring 2014 and they began an affair, according to 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. said she offered to serve as a surrogate through artificial insemination, according to court documents. They traveled along with M.S.B.'s wife to India for IVF, but it failed, according to K.B.
Court documents show a signed surrogacy agreement between both parties, which K.B. denies signing.
When IVF failed, M.S.B. suggested natural insemination, or having sex with K.B., so she could get pregnant, K.B. told the court.
According to K.B., M.S.B. also said "he would leave [his wife] and they would raise the child together as husband and wife," court documents said.
M.S.B. denies these claims, saying the affair started after K.B. became pregnant with the surrogate baby. They parted ways in summer 2018.
Mounting custody disagreements led to a legal battle
K.B. filed the lawsuit against her affair partner July 2020, saying she deserved joint custody, equal parenting time, and child support.
M.S.B. and his wife said they paid the surrogate $140,000 over the span of their three-year relationship as she made "progressively greater demands," like a formal visitation schedule with the baby.
As a court prepares to hear the case in January, the married couple has denied K.B. all visitation rights, according to the Daily Beast.