A gay man from Great Britain was desperate to have a biological child of his own. However, surrogacy clinics around the country continually turned him away as he was a single male. Therefore, his 45-year-old mother made the decision to become his surrogate and would give birth to her son’s son.
According to the Daily Mail, 24-year-old Kyle Casson began seeking a surrogate when he desired to have a biological child of his own. However, the task proved difficult as Kyle was a single, gay male. No surrogacy clinic would take his case so he was left with little hope. That was until his own mother, 45-year-old Anne-Marie Casson, offered to carry her son’s child for him. The pair then went to a private IFV clinic where a donor egg was fertilized with Kyle’s sperm and placed into his mother’s womb.
Anne-Marie gave birth to a baby boy, Miles, via cesarean section making Kyle the first single male to have a child through surrogacy in the United Kingdom. Anne-Marie says that she opted for a c-section because there are “certain things that he can’t and should not see,” but she wanted him to be the first to see and hold the baby. Therefore, when Anne-Marie gave birth to Miles, he was immediately handed over to Kyle.
Kyle had the biological son he had always wanted; however, he was not the father or legal guardian of the new baby under the laws in Great Britain. The law states that it is not illegal to enter into a surrogacy agreement with a woman, but the woman giving birth, and her husband, will legally be the parents of the child. In other words, the surrogate would have to terminate parental rights and give the child to the biological parent through a formal adoption process.
“In a High Court adoption ruling handed down last week, Mrs. Justice Theis said that under the 2008 Human Fertilisation and Embryology Act, which governs surrogacy arrangements, the woman who carried the child is the legal mother.”
To make things even more complicated in Kyle’s situation, an adoption can only take place if the surrogate hands the child over to a two-parent family, typically considered “an enduring family relationship.” Since Kyle is single, the baby can not legally be handed over to him. Instead, Kyle’s mother and her husband are listed as the parents on the child’s birth certificate. Therefore, in the eyes of the law, Kyle is Miles brother but also his biological father.
There are some loopholes in the adoption proceedings which include that family members can hand over a child to another family member. Since Kyle is legally Miles’ brother under the law, the judge says that the adoption should be legal and social workers agree. However, the process of making the adoption final is “dubious.” Therefore, many are asking for reform of the Human Fertilisation and Embryology Act. Kyle says he “didn’t choose to be gay,” and he is happy he is finally a father.
“I did not chose to be gay, I was born that way. I was born being unable to have kids. I can’t just go and have sex with a woman. Being a dad was a high priority in my life and now I have done it. As long as people can provide a home, and they have the support, I don’t see why anyone should be denied the right to be a parent.”
What do you think of the idea of a mother carrying a child for her gay son? Should the courts make it easier for single, gay parents to adopt children?
[Image Credit: Daily Mail]