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Baby girl must live with gay couple, judge rules

A baby girl at the centre of a surrogacy row should be removed from her mother and live with her father and his boyfriend, a judge in England has ruled.

The judgment followed a legal battle over what the parents agreed when the child was conceived.

The woman claimed it was decided that she should be the main parent, while the father, who donated sperm, said she had agreed to be the gay couple's surrogate.

Ms Justice Russell said it was in the "best interests" of the one-year-old girl to live with her father.

The High Court case was heard in London and Birmingham earlier this year, but the decision was just published yesterday.

"The pregnancy was contrived with the aim of a same-sex couple having a child to form a family assisted by a friend, " the judge said.

"Therefore [the girl] living with [the two men] and spending time with [the woman] from time to time fortunately coincides with the reality of her conception and accords with [the girl's] identity and place within her family."

Ms Justice Russell said the woman had used "stereotypical images and descriptions of gay men" and had "insinuated" that gay couples behave in "a sexually disinhibited manner" and were "sexually disloyal to each other".

She added that although the proceedings were "interrupted on numerous occasions" so that the woman could express breast milk, the interruptions were "noticeably" fewer when the woman gave evidence.

The judge said the woman's behaviour demonstrated that she was "determined to treat the child as solely her own".

About 2,000 children are thought to be born to surrogate mothers every year in the UK.

The current legal position is that the woman who gives birth is the legal mother, irrespective of whether the child is genetically hers. If she is married, her husband is the legal father.

The ruling comes after the Stormont health minister Jim Wells was forced to resign following claims that children of same-sex parents are more likely to be abused or neglected.