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Widow wins appeal, gets custody of twins born to surrogate mother

By Ke Jiayun | June 17, 2016, Friday | Online Edition

A 40-year-old widow, who had lost the custody of her twins because they were born to a surrogate mother, won them back after appeal, the Shanghai No. 1 Intermediate People’s Court said on Friday.

The case attracted wide public attention because it was related to surrogacy, which was banned by the Ministry of Health in 2001, but continues to thrive because of huge demand.

The twins were not born with the widow’s egg, leading to debates on her role in the relationship.

The court said the woman, surnamed Chen, has been living with the twins for five years and can be considered as their stepmother, thus overturning the earlier ruling. It said this arrangement was better for the children’s growth.

The trial court had earlier ordered Chen to give the custody of the twins to her late husband’s parents, as she was neither the biological nor the adoptive mother.

The appeal court gave the elderly grandparents the rights to visit the children. The time and the frequency of the visits will be negotiated between the two sides.

Chen burst into tears after the ruling today and hugged her lawyer.

"My children have their mother!" she cried out.

Chen, who was unable to have children, found an organization that helped her and her husband Luo to arrange a surrogate birth. The twins were born to a surrogate mother with her husband’s sperm in 2011. After Luo died of pancreatic cancer in 2014, his parents filed a lawsuit demanding custody of their grandchildren.

In her appeal, Chen said she brought up the kids since the time they were born and was in a better position to take care of them than their grandparents.

Metro
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