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Court hears case between birth mom and genetic mom

Reported by: Fatima Rahmatullah
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Updated: 12/06/2013 11:06 pm
LAS VEGAS (KSNV & MyNews3) -- A case to decide the fate of a child caught in a custody war between two women. One woman gave an egg and the other carried the child.

The women split up leaving it to the courts to decide who the child legally belongs to.

Both women appearing in court Friday. News 3 cameras were banned from the courtroom but not from the courthouse.

News 3 managed to catch up with one of the mothers, who made the journey from Washington state to fight for her little girl.

Veronica Damon talks about the fierce legal battle between her and the woman she says was simply her surrogate, Sha'Kayla St. Mary.

“It's heartbreaking i can't even put it into any other words,” Damon said.

Damon says she was only in a causal relationship with St. Mary. Aching for a baby for years when St. Mary offered to help.

She was intended to be my daughter and no one else's.

According to court documents a fertility clinic provided the couple with sperm. St. Mary provided her womb and Damon provided her eggs.

In June 2008, St. Mary gives birth to a baby girl and St. Mary is listed on the birth certificate as the child's only parent.

Attorney and gay rights advocate Tara Newberry warns same-sex couples about the importance of documents.

“When you go to an OB or to a fertility doctor if their forms say husband wife and are very gender specific don't sign those forms because you're rights could be altered significantly,” Newberry said.

That's what Damon says happened to her. Out of concern she asked St. Mary to sign an affadavit.

But that wasn't enough. A problem developed because the hospital had listed St. Mary's name as the birth mother.

In 2009, a Clark County judge ruled that Damon is entiled to sole custody being the genetic mother.
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