Surrogate Mother Flees Halfway Across US to Save Baby From Intended Parents


That was when Kelley says she began to contemplate leaving the state, according to her blog. DePrimo said he told Kelley which states where she, as the birth mother, would have parental rights to the baby.

"All I did was tell her the options," he told "She made a decision. I told her where you have rights as her mother."

Kelley decided to head to Michigan, where she could go to the C.S. Mott Children's Hospital at the University of Michigan, which has one of the top pediatric heart programs in the country. Soon she picked up her kids and drove to Ann Arbor, where she set up a network of labor coaches and midwives for support.

In Michigan she also retained a new attorney, Herbert A. Brail, who specialized in adoptions. Brail told that Kelley was "abhorred" by the actions of her Baby S' intended parents, and wanted to set up an adoption plan.

At one point during the lengthy proceedings with the intended parents, Kelley told CNN they offered her $10,000 to abort the baby. She first refused. Then, in what CNN called a "weak moment," she said she would, for $15,000. But, she told CNN, this tested her convictions, and she believes she would not have gone through with it and indeed she did not.

Kelley did not respond to requests for an interview placed by ABC News through her lawyers.

Brail said that, "Given the strength of her position, even with the higher amount there's no way that she would have gone ahead with it. She was very committed to facilitating the adoption of the child."

Brail said Kelley was sued by the Connecticut couple seeking to enforce the parenting agreement, and that's when she found out the embryos that had been used for the surrogacy were not those of the intended mother.

"An affidavit attached to that suit mentioned that the egg was from an anonymous donor," Brail said.

With the intended mother legally out of the picture, the intended father soon decided to waive his rights to Baby S. This left Kelley free to pursue an adoption.

"Michigan recognizes the person who gives birth as the child's mother," Brail said. "In cases where everyone's in agreement, you can get a parentage out of the courts, with agreement of all the parties."

Within hours of being born, Baby S underwent a number of tests. Many of the heart defects that were predicted while she was in the room were present. She had a cleft palate. She has a hypoplastic right ear, which she cannot hear from. She had holoprosencephaly, where the brain fails to completely divide into distinct hemispheres. Baby S did not have Down syndrome, Kelley wrote.

Baby S will undergo a number of risky cardiac procedures in her infancy, as well as surgeries for her cleft palate. Even then, holoprosencephaly still brings the risk of early death, according to medical experts.

Kelley was able to find adoptive parents. Baby S was in good shape on July 11, 2012, the day that Kelley says that she went to relinquish her rights to the baby she had worked tirelessly to bring into the world, according to Kelley.

On her blog, Kelly described the adoptive parents, who remain anonymous, as "wonderful, fabulous people." She wrote that she knows that they understand the unique bond that Baby S and she share, and that she is happy that she can keep two promises to the child she carried.

" I will always be there for you, and I will never give up on you," she wrote.

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