Legality of baby Connie

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momofthree
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Legality of baby Connie

Postby momofthree » Wed Oct 02, 2013 5:26 pm

I have read that many believe this issue will go to Court regarding Baby Connie. If you look at it logically, the baby is not Dante or LuLu's so there could only be one outcome and that would be to give up the baby. Even if there was a contract signed stating that Maxie would be the surrogate and she failed that, wouldn't that be more of a monetary issue? And since the embryo wasn't Dante's or LuLu's, in order for Baby Connie to be lawfully theirs, wouldn't it have to be put up for adoption first?

Was just curious as to how this would play out.

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hotspice58
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Re: Legality of baby Connie

Postby hotspice58 » Thu Oct 03, 2013 1:11 pm

I think the baby legally is Dante and Lulu's. Maxie signed a contract stating she was the surrogate. Even knowing the child is biologically Maxie's and Spinelli's, both Maxie and Spinelli were making it seem like Connie was Dante and Lulu's.





Quote momofthree: I have read that many believe this issue will go to Court regarding Baby Connie. If you look at it logically, the baby is not Dante or LuLu's so there could only be one outcome and that would be to give up the baby. Even if there was a contract signed stating that Maxie would be the surrogate and she failed that, wouldn't that be more of a monetary issue? And since the embryo wasn't Dante's or LuLu's, in order for Baby Connie to be lawfully theirs, wouldn't it have to be put up for adoption first?

Was just curious as to how this would play out.

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cardgirl
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Re: Legality of baby Connie

Postby cardgirl » Thu Oct 03, 2013 1:20 pm

Legally, Maxie agreed to be a surrogate for Lante and to carry their embryo...that embryo/baby would legally belong to Lante. However, Maxie was carrying her own child with Spinelli so legally, that baby would be Spixie's. However, Maxie could still be held in breach of contract for failing to reveal that she lost Lante's baby and pass off her child as theirs. Also Britt can be sued for mal practice because she was Lante's doctor and she was obligated to tell them about Maxie losing the baby. She was only caring for Maxie because Lante chose her to be their ob/gyn.

Lante can also sue Maxie for any medical cost they paid for because they thought the baby Maxie was carrying was theirs.

Legally, Maxie could be in a whole heap of trouble.

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soapfan210
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Re: Legality of baby Connie

Postby soapfan210 » Thu Oct 03, 2013 1:46 pm

Quote cardgirl: Legally, Maxie agreed to be a surrogate for Lante and to carry their embryo...that embryo/baby would legally belong to Lante. However, Maxie was carrying her own child with Spinelli so legally, that baby would be Spixie's. However, Maxie could still be held in breach of contract for failing to reveal that she lost Lante's baby and pass off her child as theirs. Also Britt can be sued for mal practice because she was Lante's doctor and she was obligated to tell them about Maxie losing the baby. She was only caring for Maxie because Lante chose her to be their ob/gyn.

While I agree with you that Maxie and Britt could both be in a whole lot of trouble, I don't think that it will be addressed. Although Britt could be in even more trouble when everybody finds out what we already know (that Ben is really biologically Dante and Lulu's).
Lante can also sue Maxie for any medical cost they paid for because they thought the baby Maxie was carrying was theirs.

Legally, Maxie could be in a whole heap of trouble.

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Bizlet
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Re: Legality of baby Connie

Postby Bizlet » Thu Oct 03, 2013 2:01 pm

Quote hotspice58: I think the baby legally is Dante and Lulu's. Maxie signed a contract stating she was the surrogate. Even knowing the child is biologically Maxie's and Spinelli's, both Maxie and Spinelli were making it seem like Connie was Dante and Lulu's.





Quote momofthree: I have read that many believe this issue will go to Court regarding Baby Connie. If you look at it logically, the baby is not Dante or LuLu's so there could only be one outcome and that would be to give up the baby. Even if there was a contract signed stating that Maxie would be the surrogate and she failed that, wouldn't that be more of a monetary issue? And since the embryo wasn't Dante's or LuLu's, in order for Baby Connie to be lawfully theirs, wouldn't it have to be put up for adoption first?

Was just curious as to how this would play out.


That would be true if Maxie agreed to give her baby for adoption. Instead she agreed to carry the Lante baby which she miscarried Lante have no legal rights to Maxie and Spinelli baby.

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Nightmoves
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Re: Legality of baby Connie

Postby Nightmoves » Thu Oct 03, 2013 2:15 pm

Quote cardgirl: Legally, Maxie agreed to be a surrogate for Lante and to carry their embryo...that embryo/baby would legally belong to Lante. However, Maxie was carrying her own child with Spinelli so legally, that baby would be Spixie's. However, Maxie could still be held in breach of contract for failing to reveal that she lost Lante's baby and pass off her child as theirs. Also Britt can be sued for mal practice because she was Lante's doctor and she was obligated to tell them about Maxie losing the baby. She was only caring for Maxie because Lante chose her to be their ob/gyn.

Lante can also sue Maxie for any medical cost they paid for because they thought the baby Maxie was carrying was theirs.

Legally, Maxie could be in a whole heap of trouble.


Hey Card. I don't think Maxie can be charged with breach of contract as she miscarried the baby through no fault of hers.

I'm not sure what she would be charged with for trying to give her baby to Lante in place of the Lante baby she lost. I do think the court would side with Spixie however as Connie's biological parents.

I also think Dante is not going to want to fight to keep Connie and that will cause problems for Lante.

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ghfanfare
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Re: Legality of baby Connie

Postby ghfanfare » Thu Oct 03, 2013 2:18 pm

Seems like it could be fraud to pass a baby off under false pretenses. I only hope the court case doesn't drag out as long as the lie did.

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Bizlet
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Re: Legality of baby Connie

Postby Bizlet » Thu Oct 03, 2013 2:28 pm

Quote ghfanfare: Seems like it could be fraud to pass a baby off under false pretenses. I only hope the court case doesn't drag out as long as the lie did.


Yesterday Dante already seemed to be accepting that Connie was not their baby. I think Lulu will be the hold out.

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Miz M
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Re: Legality of baby Connie

Postby Miz M » Thu Oct 03, 2013 2:43 pm

Surrogacy contracts are not only void and unenforceable in New York state, but also are considered contrary to public policy and can carry civil penalties for persons entering into a commercial surrogacy contract. That being said, none of that ever seems to matter in PC - so who knows what the writers will decide to do with this story? IMHO, since we've already seen this story play out in the Court with Dr. Silas and Rafe, I think it would be a slap in the viewers' faces if they make an exception in the case of Baby Connie/Georgia.

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IslandGirl33
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Re: Legality of baby Connie

Postby IslandGirl33 » Thu Oct 03, 2013 3:07 pm

I'm sad for Lante but we all knew this was coming. %(

Although I'm not a Lawyer, I have no doubt in my mind that the law would be on Spixie's side. I would be shocked otherwise! 8) :D


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