• A surrogate mother in British Columbia is suing the father for joint guardianship of the baby.
• The surrogate mother reportedly had an affair with the married man.
• A judge who is not involved in the case says it is “unprecedented”.
• Visit Insider’s homepage for more stories.

A British Columbia man reportedly impregnated his secret lover, who had agreed to be his family’s replacement. Now the woman named KB in court documents wants joint guardianship for the baby she gave birth, according to court records received by The Daily Beast.

She also said the father, identified as MSB in court documents, promised her to leave his wife and raise the baby with KB, but he never made it. He denies the allegations and details of the affair.

According to Warren Milman, British Columbia Supreme Court Justice, this is a “very unusual” situation and there is “no comparable precedent.” Although an official custody agreement has not been established, Milman, who is not involved in the case, told the Daily Beast that the child should stay with MSB and his wife for stability reasons.

After a failed IVF attempt, the man is said to have naturally impregnated his lover who had become a surrogate mother

KB first met MSB in the spring of 2014 and they started an affair, according to court documents. Over the next two years, KB said MSB impregnated her twice and she aborted both times.

During the affair, MSB and his wife struggled to get pregnant, so KB said that court documents said she offered to serve as a substitute through artificial insemination. They traveled to India for IVF with MSB’s wife, but according to KB. it failed

Court documents show a signed surrogacy agreement between both parties, which KB denies signing.

When IVF failed, MSB suggested natural insemination or sex with KB so she could get pregnant, KB told the court.

According to KB, MSB also said “he would go” [his wife] and they would raise the child together as husband and wife, “court documents say.

MSB denies these claims, saying the affair began after KB became pregnant with the loaned baby. In the summer of 2018 they parted ways.

Growing custody disputes led to a legal battle

KB filed the lawsuit against her affair partner in July 2020, saying she deserves joint custody, equal parental leave, and child benefits.

MSB and his wife said they paid the surrogate $ 140,000 over the duration of their three-year relationship because she had “progressively higher demands”, such as a formal schedule of visits with the baby.

While a court prepares to hear the case in January, the KB couple denied all visiting rights, according to the Daily Beast.