No Temporary Restraining Order Against Accusations of Surrogacy Agency Error
From last week’s decision by Judge Beth Bloom (S.D. Fla.) in Miracle Surrogacy, LLC v. Monello-Fuentes:
Defendants … contacted Miracle Surrogacy and Miracle Surrogacy of Mexico to assist in facilitating a pregnancy through surrogacy. The couple intended to use the sperm of Monello, the egg of an anonymous egg donor, “and a surrogate to carry the embryo to term.”
Although Plaintiffs facilitate the genetic collection, conception, and surrogacy, Plaintiffs contend that they do not provide medical services and that they do not “guarantee satisfaction with the medical services, or any medical outcomes related to the surrogacy journey.” However, after Fuentes and Monello [the would-be mother and father] completed the surrogacy process, they were dissatisfied with their outcome. After receiving their surrogate baby, the couple purportedly performed an at-home DNA test “which showed that Monello was in no way related to the baby.” Upon making this discovery, Plaintiffs claim “Fuentes began manufacturing libelous statements. Specifically, that the baby conceived through surrogacy is in no way biologically related to Fuentes nor Monello.”
According to Plaintiffs, Fuentes and Monello have made many libelous statements across a number of social media platforms …. On Facebook, Fuentes has created a group named “Justice for Baby Emma: Hold Miracle Surrogacy Accountable …. Plaintiffs claim the description of the Facebook Group contains libel as it states that the purpose of the group is to “seek justice against Miracle Surrogacy as a result of being ‘misled, denied access to basic medical records, and ultimately [being] handed a child who is not biologically ours.'”
Fuentes has made similar allegedly slanderous statemen
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