Adoptive Mom's Medical, Criminal Past Causes Surrogate to Revoke Agreement

Michigan couple were ordered to return twins one month after their birth.

ByABC News via GMA logo
January 11, 2010, 6:52 PM

Jan. 12, 2010— -- Scott and Amy Kehoe knew they wanted to be parents since the moment they married eight years ago. But after two miscarriages and five failed rounds of in vitro fertilization, they decided to seek out a surrogate.

The Michigan couple bought donor eggs and sperm and Shelley Baker -- an experienced surrogate -- agreed to carry the embryos. She gave birth to twins in July.

The Kehoes, who live near Grand Rapids, thought their dreams had come true. But those dreams quickly became a nightmare. One month after the birth, they were forced to say goodbye to their children.

Baker, 35, who has four children of her own, had decided to keep the twins she had borne on the couple's behalf because of information that came to light about Amy's mental health history that made her uncomfortable.

One week after the birth of the children, whom the Kehoes named Ethan Paul and Bridget Lily, Baker and the adoptive parents headed to court so the Kehoes could be designated the children's legal guardians.

It was there that Baker said she learned Amy Kehoe, 41, had a history of mental illness and a minor criminal record. Around nine years ago, Amy Kehoe was arrested for minor cocaine possession and diagnosed with an unspecified psychotic disorder.

Baker said the disclosure took her by surprise. It made her uncomfortable, she said, because she felt Kehoe was "never honest" about her past.

"I felt irresponsible as a mother. You know, as a surrogate," Baker said. "Because I stood in front of the judge, while listening to this woman tell about her psychotic disorder, and her anxiety, and the pills she has to take and the criminal history."

But Amy Kehoe said nothing had been hidden.

"She knew I was seeing a psychiatrist. I told her that," she said, speaking of Baker.

Kehoe's husband agreed.

"Nothing was ever hidden from her," he said.

It was reported that Amy Kehoe suffered from paranoid schizophrenia, but the Kehoes say that's untrue. Amy Kehoe's doctor confirmed that she has never been diagnosed or treated for that illness.