Back The Surrogate
Chapters (65)
  1. Cover
  2. Dedication
  3. Epigraph
  4. Part One
  5. One
  6. Two
  7. Three
  8. Four
  9. Five
  10. Six
  11. Seven
  12. Eight
  13. Nine
  14. Ten
  15. Eleven
  16. Twelve
  17. Thirteen
  18. Fourteen
  19. Fifteen
  20. Sixteen
  21. Seventeen
  22. Eighteen
  23. Nineteen
  24. Twenty
  25. Twenty-One
  26. Twenty-Two
  27. Twenty-Three
  28. Twenty-Four
  29. Twenty-Five
  30. Twenty-Six
  31. Twenty-Seven
  32. Twenty-Eight
  33. Twenty-Nine
  34. Thirty
  35. Thirty-One
  36. Thirty-Two
  37. Thirty-Three
  38. Part Two
  39. Thirty-Four
  40. Thirty-Five
  41. Thirty-Six
  42. Thirty-Seven
  43. Thirty-Eight
  44. Thirty-Nine
  45. Forty
  46. Forty-One
  47. Forty-Two
  48. Forty-Three
  49. Forty-Four
  50. Forty-Five
  51. Forty-Six
  52. Forty-Seven
  53. Forty-Eight
  54. Forty-Nine
  55. Fifty
  56. Fifty-One
  57. Part Three
  58. Fifty-Two
  59. Fifty-Three
  60. Fifty-Four
  61. Fifty-Five
  62. Fifty-Six
  63. Acknowledgments
  64. About the Author
  65. About the Publisher

“Yes, well, in any case, I need to compare the parties’ actions against what was contractually agreed upon.”

“Isn’t the contract enforceable on its face?” said Hal.

“Hold that thought.” Mr. Bakerfield held up his index finger. “We’ll get to that, but we’ll also identify any evidence of abuse or neglect, poor judgment, or mishandling we can use in the event that we need to argue best interests of the child.”

“Best interests of the child?” I murmured, wondering what it meant in this context. Such a vague and subjective concept. How could anyone really know what was best for our child? Or anyone else’s?

“Isn’t that a custody standard?” said Hal.

“Yes. Very good,” said Mr. Bakerfield.

“He’s divorced, so we’re familiar,” I said.

“Mm-hmm.” Mr. Bakerfield looked over his glasses at us, then continued, “In the event some aspects of the surrogacy agreement are not enforceable or are deemed to be void, for example.”

“That would be outrageous, no reasonable court would deny me the . . . the benefit of our bargain,” said Hal.

“We’ll see, we’ll see, but for the sake of argument, if a court did, then we would shift our focus to prove paternity and then move for custody or, at the very minimum, visitation rights.”

“What?” I was stunned.

“All of that would also include, potentially, child support, but not in the traditional sense, because”—he chuckled—“we didn’t get here the traditional way, did we?”

“No,” I said. Hal and I were not laughing at the joke.

“All the same, the child is entitled to the benefit of support, regardless of method of conception.”

“Child support?” said Hal. “That doesn’t seem right. If we don’t get the baby, we shouldn’t have to support it.” We sat silent for a few seconds, taking in the coldness of the comment. It occurred to me, even as a non-lawyer, that this baby was just as much a child of Hal’s as were his two sons, and I was stunned by the inequality in his thinking: he would never abandon his sons like this, financially.

“Oh, I think you’ll get the baby,” said Mr. Bakerfield.

“Why do you say it like that? You sound certain,” I said.

“My initial reaction is that the act of exiting the hospital with the baby, via the window, does show, at a minimum, poor judgment and could also be construed as reckless endangerment of a child, and I would certainly argue that it was,” said Mr. Bakerfield.

“I would agree with that,” said Hal without hesitation.

“Do we know where the birth mother took the baby?” asked Mr. Bakerfield.

“Yes,” I said. “She’s in the Duluth/Superior area.”

“Do we have an address?” said Mr. Bakerfield, pen in hand.