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The couple consider themselves to be the parents of the child due to a surrogacy agreement they say the woman entered into with them before the May birth of the. The couple, who were married inhad tried to have children but were unable to conceive.
Thy met the woman in after they had tried unsuccessfully to have children by means of in vitro fertilization using a surrogate. The woman, who was then a single mother with two kids of her own, claims that she and the husband became close friends and then lovers, and that on two occasions, before the girl was born, she became pregnant with his child but that she had had the pregnancies terminated.
The parties eventually agreed to enter into a surrogacy agreement of some kind, B. Supreme Court Justice Warren Milman says in the ruling. The couple deny that the woman became pregnant after having sex with the husband, but the husband acknowledged that he had had a sexual affair with the woman, but only after the birth of the. After the birth, the child lived with the couple but the woman did have a relationship with the girl for the first two or three years.
The couple say the situation became strained as the woman made progressively greater demands, including a fixed schedule for seeing the child, and they refused to allow her access. The couple is opposing the move.
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