A surrogate mom who refuses to abort one of the triplets she’s carrying because the father only wants two of the kids filed a lawsuit Monday claiming that California’s surrogacy law is unconstitutional.
“I no longer view surrogacy arrangements in the same favorable light I once did. Children derive a special benefit from their relationship with their mother,” the woman, Melissa Cook, said in a statement to The Post.
“I now think that the basic concept of surrogacy arrangements must be re-examined, scrutinized and reconsidered.”
The Post reported on Cook’s heart-wrenching dilemma last November, when the intended father from Georgia threatened to financially ruin the 47-year-old surrogate mom by imposing monetary damages if she refused to abort one of the fetuses, citing a provision in their contract that allowed him to request a “reduction.”
Cook’s lawyers filed a 47-page complaint in Los Angeles state Superior Court claiming the contract with the biological father and the California surrogate law it relies on violate due-process and equal-protection rights under the US Constitution.
Cook’s legal fight comes as Gov. Andrew Cuomo and state lawmakers are weighing whether New York should lift its ban on commercial surrogacy enacted in 1993.
Cook’s lawsuit claims she is the legal mother of the triplets and seeks custody of at least one who was targeted for abortion. A custody hearing would determine the fate of the other two.
Cook retained lawyer Harold Cassidy, who represented the surrogate mom in the famous Baby M case in New Jersey a generation ago.
“The surrogacy contract in this case and the California Surrogacy Enabling Statute will not withstand constitutional scrutiny,” Cassidy said.
“The notion that a man can demand that a mother terminate the life of one of the children she carries by an abortion, and then claim that she is liable for money damages when she refuses, is cruel to the mother,” Cassidy said.
He said it’s also “cruel to the child” to allow it to be raised by a stranger when Cook wants the baby.
For his part, the intended dad plans to claims parental rights to all three kids, according to his attorney.
Lawyer Robert Walmsley also claimed Cook is being exploited by anti-surrogacy, anti-abortion advocates who want to ban the practice.
“They’re using Melissa as a tool. It’s really unfortunate,” Walmsley said.
“This (IV surrogacy) is an opportunity for childless individuals through science to be able to have a family. They want to deny that opportunity.”
Walmsley said the biological father did initially request Cook to abort one of the triplets — but only for health reasons based on the recommendation of doctors.
But when Cook refused, the dad respected Cook’s wishes and backed off. He did not pursue legal action for breach of contact and continues to make medical payments to her, Walmsley said.
“Let’s move on,” the lawyer said.