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Nicola-mod
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Category: Family Law
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An American friend of mine married an African man and lives

Customer Question

An American friend of mine married an African man and lives in Nairobi. They have a baby that is his biologically but had to use a donated egg to conceive. My friend wants to leave her husband and return to the US with the baby. The husband says she can go back but the baby stays in Africa. What are her legal rights? What should she do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you
I am afraid that your friend will need either the agreement of the father or an order form the Court in Nairobi if she wishes to remove the child from Kenya and take it to the States
I hope that this is of assistance
Claire
Customer: replied 3 years ago.
Will it matter in the long run during custody battle that the egg was from a doner? I think the husband is using that tactic to say that she is not the 'biological' parent and that since it it his sperm that he has more right to the child.
Expert:  Clare replied 3 years ago.
Hi
That will be a matter for Kenyan law - but it is highly unlikely that this will be a valid argument
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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