Legal Question in Family Law in Virginia

child custody - donor egg

My husband of 10 years and I had twins, a boy and a girl, using his sperm, a donor egg and a gestational carrier. That was 6 years ago. We are both the legal parents on the birth certificate. I have raised our children as any mother would and love them more than life itself. Our marriage is on the rocks and my question is: what are my chances of obtaining custody (joint or shared)? do the courts always rule for bilological parent in these cases? I have been an exemplary parent. My husband is quite adamant that if I seek divorce, he will not let me have custody and will not share custody with me. He informed me he would have all the rights since he is the biolgical father. I am staying with him only because I love my children and do not want to lose them. Is he right?


Asked on 9/15/08, 9:38 pm

1 Answer from Attorneys
Faye Carroll The Women's Law Center of Virginia

Re: child custody - donor egg

No, your husband is not right. You have the same rights as he does. You are the legal parent, and there is absolutely no difference in the eyes of the law.

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Answered on 9/15/08, 9:50 pm


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