Just when you thought you've heard it all, there comes a case like this one that proves you know nothing!
Jessica Allen, 31, was down to be a surrogate for a couple who was struggling with infertility. Allen, and her husband Wardell Jasper, 34, had been blessed with two amazing and healthy sons so they decided to give that gift to another couple.
It was all rainbows and butterflies when Jessica became pregnant with her surrogate baby until, by an act of God, she became PREGNANT WHILE PREGNANT with her own biological baby!
Here's where things got tricky. The surrogate agency didn't just take the baby that Allen was carrying for the other couple, THEY TOOK HER BIOLOGICAL CHILD TOO! The agency demanded Allen and Jasper fork over almost $40k to get their own baby back! The couple is now suing Omega Family Global, the agency involved, for child abduction and abuse, battery, extortion, conspiracy.
"The couple has suffered 'injury, sorrow, shock, anguish, fright, horror, nervousness, grief, anxiety, worry, humiliation, shame and severe distress,' blasts their lawyer in court documents obtained exclusively by DailyMail.com.
They are seeking a jury trial and unspecified damages from San Diego based Omega whom they accuse of 'wrongfully conspiring to abduct Jessica and Wardell's son and keep their son from them and extort monies from them…and acting despicably and with oppressive, fraudulent or malicious intent.'
Jessica's son, delivered via C-Section, was taken immediately after his birth and given to the Chinese couple who were the biological parents of their surrogate baby.
"'Jessica was devastated and was only permitted to see a cell phone photograph of the two children, taken by the intended mother, which she was hesitant to show Jessica,' the paperwork states.
'Jessica saw that the two children looked nothing alike in the photograph and commented that the boys 'looked so different (the Lius are Chinese, Jessica is white and Wardell is African-American).'
But Armato ignored the mother-of-three's observation and fobbed her off with assurances that when she was a surrogate she had given birth to twins and they looked very different at birth, but later they started to look alike. When the babies were scheduled to be taken away from the hospital Jessica again asked to see them. Again she was denied.
Armato, the lawsuit alleges, had the babies circumcised and immunized. It's also alleged that Omega and its lawyers, Gaston & Gaston - whom Jessica and Wardell are also suing - had already filed with the court the pre-birth legal documents, making the Lius the legal parents of both babies.
month after the babies were born, Mrs Liu sent Jessica photos of the twins with a text asking her if she thought they looked the same.
'It was very obvious that the boys looked nothing alike, just as Jessica had commented the day after they were born,' says the lawsuit.
'One of the boys was clearly Chinese and the other was clearly bi-racial…'
The Lius had DNA tests done on both boys and confirmed that one was not theirs. And soon afterward the Lius delivered the baby back to Omega and said that they wanted nothing to do with the 'bi-racial baby,' adds the lawsuit.
When Jessica and Wardell learned the truth on January 24, 2017, 'They were in a state of disbelief, shock and horror,' says the lawsuit.
'They had not been able to see their baby, they had not been able to hold their baby, they had not been able to bring their baby home, feed him, care for him, bond with him or love him.'
But despite the confirmation that the baby was theirs, still they couldn't take him home, the lawsuit alleges. Instead, it claims, Armato demanded that Omega be paid around $9,200 for 'out-of-pocket' expenses they had spent for the baby's care.
The couple was also told they had to pay around $3,000 to have the baby's birth certificate changed.
If the money wasn't paid Armato told the couple they would have to sign paperwork giving up their rights to the baby and that the baby would be put up for adoption.
'Jessica and Wardell were devastated, horrified and distraught at being told they would have pay $3,000, plus the additional amounts demanded, to get their own child from Omega, money they did not have,' the documents state. "
"A few days later, on January 31, according to the lawsuit, the couple were hit with an even bigger demand from Omega owner and director Kyle Kramer (also a defendant in the lawsuit) who 'told Jessica and Wardell that Omega wanted them to enter into a written agreement to pay approximately $18,000-$22,000 to the Lius' as compensation for the return of their child.
Eventually, after getting a lawyer of their own and spending $3,000 on legal fees, the relieved parents finally got their baby back, with Omega staff handing him over in a Starbucks parking lot on February 5.
They named him Malachi. The baby, the suit claims, was in poor health, had breathing problems and had severe diaper rash among other issues. 'Jessica and Wardell's shock, disbelief, horror, fear and betrayal at seeing the "human trafficking" of their son will never leave them,' the suit states. "
"They have suffered immense and irreparable loss as to what can never be regained, i.e. being able to bond with their baby during the first two months of his life, holding him, watching him sleep, putting him to bed, feeding him, playing with him, getting to know him - all of this was stolen from Jessica and Wardell, all of this they can never get back.'
The suit added that Malachi has already exhibited symptoms of bonding related issues, the lack of nurturing, love and attention and the trauma caused by being passed around.
The lawsuit also claims Omega 'held Malachi as a prisoner. The paperwork concludes: 'Malachi was treated as nothing more than a 'pawn' in the defendants' conspiracy to keep him from his lawful parents and as a 'bargaining chip' the defendants could use to extort monies from Jessica and Wardell, sell to adoptive parents of others and/or use as a negotiating tool to try and obtain a release of their liability from Jessica and Wardell.
'The damage has been done by the defendants and Jessica, Wardell and most importantly Malachi, are now left to live with the long-lasting consequences of the defendants' wrongs against them.' "
Ooooweeee! This whole case has the makings of a Lifetime Original Movie! The good news is little Malachi is home with his parents where he belongs. Hopefully they'll be adequately compensated for their troubles and both families can put this behind them.