A woman in California decided to undergo surrogacy to raise money for a deposit on a home with her partner. However, it turned out she was carrying twin boys, one of which was her biological son. Under the contract, the client in the surrogacy was initially given both babies, leading to a long legal battle to get her own son back.

California woman decides to become a surrogate mom

Jessica Allen, 31, of Perris, Calif., agreed to undergo a surrogate pregnancy for a couple who were having problems having their own children. Allen reportedly did so, as she wanted to help raise money towards a home for herself, her partner Warden Jasper, 34, and their two sons.

A fee of $35,000 was agreed for Allen to carry and give birth to the surrogate baby.

Allen underwent in vitro fertilization (IVF), leading to a successful pregnancy. However, it was later discovered she was carrying not one baby, but twin boys. Under the terms of the surrogacy contract, Allen was only given an hour with the newborn twins, who were named Mike and Max, before they were taken from the hospital.

DNA test shows one baby is hers

However, around a month later, the client sent her a photo of the babies, asking Allen why the twins looked so different.

A DNA test then went on to reveal that one of the two baby boys was her biological match, while the second carried the DNA of the client. This was reportedly caused by a rare condition called superfetation – meaning she had not only become pregnant from the IVF but also naturally from her partner.

Allen told the Independent that she was heartbroken when she realized she had carried a baby of her own, who had been taken away from her and placed with the other couple where he did not belong.

She then faced a lengthy legal battle, as laws relating to surrogacy did not provide for the rare case of superfetation.

Initially, the client couple was not happy they had to keep a child that was not biologically theirs and went on to try and claim compensation from Allen. However eventually Allen and Jasper were allowed to take back their son, who they have given the new name of Malachi, and the surrogacy client dropped all calls for financial compensation.

Allen told the New York Post that it is almost nine months since they got Malachi, who is doing very well and loves their other two sons. She said she and Jasper got married in April and even though there were no plans to expand their family so soon, they treasure their son with all their hearts. She did say she has no regrets over becoming a Surrogate Mother, as that would mean regretting her own son.
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