British lawmakers have an unusual case on their hands: in a case the country says is the first of its kind, a woman acted as a surrogate becoming pregnant with the help of a donor egg fertilized by her son’s sperm.
The 24-year-old man – who is gay and single – says he wanted to become a father “for some considerable time.” Media outlets in the United Kingdom report that the new dad is allowed to adopt the baby who is both his son and legal brother.
Kyle Casson is the first single U.K. man to have a child through surrogacy and with the help of his mother Anne-Marie as the surrogate, according to the Daily Telegraph. Keep in mind, Anne-Marie is not biologically related to the baby named Miles – while she carried him, the fertilized egg belonged to a donor.
“When he first came to me and his dad, I thought, ‘I could do it.’ Some people, when they did find out, said ‘urgh’ but they don’t understand. He is not biologically tied to me, other than he’s my grandson. I love being a parent and for Kyle to experience that, I would do that for him,” she said.
Miles is now eight months old. Kyle says that the baby will learn of his unconventional conception as he gets older.
“I am never going to lie to him. We will tell him at appropriate stages in his life. You have to be truthful, there is no other way. He will also know that he is very much wanted,” the new dad told the Telegraph.
“I understand that not everyone will agree with it, but they can have their opinions. I have a son and I am very happy. As long as people can provide a home, and they have the support, I don’t see why anyone should be denied the right to be a parent,” he explained to the newspaper.
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Initially, plenty of fertility clinics turned Kyle and his mother away. Kyle had another relative lined up as a surrogate but the deal fell through due to medical concerns. That’s when his mom stepped in.
The story’s only making waves now because the courts had decided this “highly unusual” case is legal.
“The arrangement the parties entered into is not one, as far as I am aware, that either this court or the clinic has previously encountered and although highly unusual, is entirely lawful under the relevant statutory provisions,” the courts ruled, according to the Daily Mirror.
The case is tricky because of a few things: single parents are allowed to turn to surrogacy but laws prevent them from legally raising the child alone in the U.K. – a surrogate has to pass her baby on to two parents, and not the biological father alone, according to the Telegraph.
In this case, Anne-Marie is the legal mother and her husband is the legal father because he consented to the pregnancy. They were able to hand over the child to their son because the baby is his legal brother.
“We have seen many instances where sisters, brothers-in-law, cousins, help one another out in this fashion,” Natalie Gamble, a lawyer told the newspaper.
Social workers said the sibling connection would “strengthen the bond the father and child already share.”
While the situation is drawing its fair share of controversy, Kyle is enjoying fatherhood.
“I did not choose to be gay. I was born this way. I was born unable to have kids. Being a dad was a high priority in my life and now I have done it,” he said.