How is this for heartbreaking? Triplet boys who called an Erie couple "Mom" and "Dad" now are supposed to switch those names to a Cleveland couple. A Pennsylvania Superior Court order last month placed the boys in the custody of the Cleveland man who provided the sperm for their creation and who paid the Erie woman, Danielle Bimber, for their surrogate birth.
The boys know the Cleveland man, James Flynn, and his girlfriend from visits to their home, but at 21/2 years old, the boys will suffer as a result of this transfer of parents, and the Cleveland couple may at any point deny the children access to their former Erie parents.
Some of that emotional pain could have been avoided if courts gave special attention to cases in which judges' decisions may completely change custody of very young children.
Another high-profile case in which this was an issue was the battle for custody of William Kolle. A Beaver County couple seized the child when he was 4 months old against his mother's wishes and tried to adopt him. It took Amanda Kolle two years to get a decision returning the boy to her.
Like the triplets, William suffered feelings of loss and confusion when suddenly moved from a place he regarded as home.
In each of these cases, plenty of people share blame for the babies' pain. The courts could mitigate that by expediting such cases.
The triplets were born Nov. 19, 2003, and went home with their surrogate mother, Ms. Bimber, who carried them but did not provide the eggs. Mr. Flynn, who had arranged for the surrogacy, asked an Erie court on Dec. 4, 2003, to give him custody. After a series of hearings in 2003 and 2004, the Erie court ruled in January 2005 that the surrogate mother would have primary physical custody and the Cleveland man would get visits.
Mr. Flynn filed his appeal six months later, and Superior Court decided 10 months after that.
It all took too long.
Though the legal issues are complicated and merit careful examination and consideration by the judges, cases like this should be marked by the attorneys involved and moved forward on dockets by all of the courts.
Even a year in the life of an infant is too long for such decisions.
