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Biological father argues for triplets born to surrogate

Jul. 30, 2004

A judge said he will rule this fall on whether a surrogate mother who gave birth to triplets or the biological father who hired her will get final custody of the boys.

Erie County Judge Shad Connelly heard two hours of testimony on Thursday from Danielle Bimber, 30, a married homemaker from Corry who has had primary custody of the triplets since she gave birth on November 19.

James O. Flynn, the biological father of the boys, and a college professor from Kirtland, Ohio, also testified. Thursday's proceeding concluded a custody hearing that had been continued from a July 9 proceeding.

Bimber signed a $20,000 contract to give birth to the embryos created using Flynn's sperm and an egg from an anonymous donor.

Bimber took the children home against Flynn's wishes eight days after they were born. Bimber said Flynn and his fiancee didn't visit the children for six days after seeing them the day they were born.

Flynn, 62, said Bimber just wants the children to get money from him. Bimber said she's concerned for the triplets, saying Flynn and his fiance have no emotional bond with the children.

Connelly said he'll rule after attorneys for both sides submit written arguments in mid-September. Because Pennsylvania has no law governing custody of surrogates, Connelly has said he'll base his decision on the children's best interests.

Another claim for the triplets remains pending in Ohio. The boys' biological mother, an egg donor described as a Texas college student and identified in court papers as J.R., has sued for custody in Summit County court.

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