Patrick Osborn

Odd Case Ends with Joint Custody for Gay Couple, Surrogate [Listen]

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(Credit: Michel Tcherevkoff/Getty Images)

A Houston judge has reached a decision in an unusual custody battle involving a surrogate and two Houston men, determining the woman who gave birth is, in fact, a mother.

48-year-old Cindy Close gave birth to premature twins at Texas Children’s Hospital on July 27th. Not long afterward, she was visited by a social worker when Marvin McMurrey, a man who promised to be a partner in raising their babies, alleged they were not her children.

NEWS 92 FM’s Steve Ottesen has more about this story:

Close said she had been duped by McMurrey, who paid for Close’s in vitro fertilization using his sperm and a donor egg. When the children were born, he claimed custody of them with his partner. There was never a written contract.

Since Close was not linked to the children genetically, he alleged they were not hers.

McMurrey and Close will now share custody. According to Close’s attorney, Grady Reiff, there will be a hearing on November 26 to determine the conditions.

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