A woman who was a surrogate for a couple has claimed she had an affair with the father and now, she wants joint guardianship of the child.

In court papers obtained by The Daily Beast, the surrogate, referred to as K.B., claimed that the father of the child, named M.S.B., had promised to leave his wife and raise the child with her.

In the court documents, K.B explained that she met M.S.B back in 2014 and they began having an affair shortly after. Over the following 2 years with their affair ongoing, K.B fell pregnant with M.S.B's child twice, however both pregnancies were ended by abortion.

Despite their affair, K.B. claimed she "wanted to support" M.S.B and his marriage, and so she offered to become a surrogate after M.S.B. and his wife had trouble conceiving.

They all traveled to India where the process for K.B to become surrogate through artificial insemination would take place, however the IVF failed.


As IVF was unsuccessful for the couple, K.B claims that M.S.B suggested they try to conceive naturally, while also promising "that if she went along with that plan, he would leave [his wife] and they would raise the child together as husband and wife," the court documents said.

However, M.S.B does not recall the situation in the same way. Although M.S.B admits to the affair taking place, he claims that it did not begin until after the child was conceived. He also notes that the intention was always for him and his wife to be the legal parents.

M.S.B and his wife also provided the court with text messages from K.B in which she expressed her excitement about carrying their child. A signed surrogacy agreement from July 2016 that states the couple will take "full responsibility of the child" was also submitted, although K.B. denies that she actually signed it.

In the lawsuit filed by K.B in July, 2020, she sought to be declared the child's parent and asking for equal parenting time, joint guardianship, and child support.

M.S.B. and his wife said they had previously paid K.B thousands of dollars as she made "progressively greater demands," such as a formal visitation schedule. In 2017, the couple said they paid K.B $40,000 for her expenses but K.B. claims the money was a gift from the husband.

K.B has been denied visiting rights while the court prepares to hear the case.