Whose Babies Are They?

The latest chapter in Cindy Close’s life read like a script from a made-for-TV movie. Cindy and Marvin McMurrey III met and became friends in 2005. During the course of their friendship, they learned that they both wanted children. Theirs was not a romantic relationship. They had dated in years past, but it never got to that level of intimacy. But through the wonders of modern technology, a baby was still possible. They entered into an agreement to co-parent a child. Marvin fertilized a donor egg and Cindy became pregnant.

The joy of giving birth to twins was shortly turned to astonishment when another piece was added to the puzzle. Cindy was unaware that Marvin was planning on raising the child with his partner. A social worker explained to her that she was merely a surrogate. A restraining order was filed against her and Marvin awarded custody of the children. Through the shock and pain of not getting to even breastfeed her babies, Cindy filed a lawsuit with the help of her family law attorney.

On November 10, Cindy was legally declared the mother of her newborn twins. Often deemed a landmark case, Cindy’s attorney Grady Reiff commented on the outcome of this case. Reiff stated that if Marvin had won, then “any woman who used donor eggs, because she couldn’t use her own, would have to have had her maternity adjudicated.” Cindy will return to family court in late November to finalize custody and child support details.


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Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).