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Katherine is a surrogate mother for a couple living 15 miles away. Katherine, near term of...

Katherine is a surrogate mother for a couple living 15 miles away. Katherine, near term of the pregnancy, decides she does not want to relinquish the baby. What she does not know is that the prospective mother was killed in an auto accident 2 weeks ago. Who has the right to the child? How is a decision made?

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Answer #1

The biological father has the right to the child.

The surrogate mother should relinquish the child as she is bearing the child for the biological father and his wife. The biological father has the right to adopt the child as per the "Baby M" case. Surrogate mother will not have any relationship with the child legally unless the biological father refuses to accept the baby.

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