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There was a recent story about parents who gave physically gave birth to children conceived through IVF, but through some kind of mix-up, gave birth to children who were not genetically related to them. Asian couple gives birth to Caucasian children. It states that they were 'forced' to give up the children. I thought that was interesting since I'd been under the impression that forcing children from their 'birth' parents was a very difficult thing to do in the United States.

Alas, I whipped out my Google wand and decided to try and find the legal precedent to support this. Unfortunately my googling skills are notoriously weak and I could only find stories about how even the strongest of surrogacy contracts are legally weak and questionably binding. And there wasn't even a surrogacy contract involved in this case. Could someone find the legal precedent on which these children could be 'forcibly' removed from the birth parents?

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  • As far as I can tell, the loss of the children was not the result of a court order, though I've not had much luck in finding the actual court papers to see if they make the particulars any clearer. As such no legal precedent may have been invoked. Commented Jul 10, 2019 at 10:57
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    "Forced" may be a polite way to say "emotionally forced", i.e. "didn't want to raise children clearly not theirs because even the race didn't match". Commented Jul 10, 2019 at 13:05
  • "And there wasn't even a surrogacy contract involved in this case": of course there wasn't. Why would there have been?
    – phoog
    Commented Jul 10, 2019 at 13:26
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    Here's what appear to be the references to the court filings in the US District Court for Eastern NY. To access the documents themselves, though, you need a PACER subscription. Commented Jul 10, 2019 at 13:42
  • @MichaelSeifert, I know it's asking a bit, but could you provide a summary of how this all played out? I'm inclined to agree with DarkMatter. They were forced by their culture and families, but not actually by any law, which as far as I can reckon with very limited information, would be strongly on their side.
    – ouflak
    Commented Jul 10, 2019 at 15:41

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