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Surrogacy results in baby boy

November 02, 2005|LIZ MAPLES

Casey County surrogate mom Arletta Bendschneider gave birth to a 6-pound, 11-ounce boy at 1:20 p.m. Tuesday in Massachusetts.

The baby's biological parents, best-selling author Jacquelyn Mitchard and her husband, Christopher Brent, named their son Atticus Stewart.

The surrogacy has torn apart Bendschneider's marriage, and a Casey County judge gave temporary sole custody of her children to their father, saying that giving birth in another state will create instability in the children's lives.

Bendschneider's uncle, Tom Combs, said Tuesday that his niece was ready to get home to her own children. She is scheduled for a visitation this weekend, and Combs said she hopes to be home in time to see them.

Jack Bendschneider, Arletta's husband, filed for divorce saying the surrogacy made him angry and embarrassed.

He has refused to sign a pre-birth order giving up his rights to the surrogate child. But he said during a custody hearing that he is not the father and he doesn't want to be involved with the surrogacy.

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Mitchard and Brent's attorney has asked a Massachusetts court to stop the hospital from issuing a birth certificate until the parents have been established.

If the court determines Mitchard and Brent are the legal parents, they will not have to adopt their own child.

Combs said Bendschneider wants to come home and settle the custody of her own children. Casey County Circuit Judge James Weddle said he will settle the custody issue when Bendschneider returns. She is seeking joint custody.

Neither Bendschneider nor Mitchard were available for comment before press time. Mitchard's husband said they were sleeping after being up with the baby all night.

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