Oregon daily emerald. (Eugene, Or.) 1920-2012, August 23, 1993, Law School Edition, Page 9A, Image 9

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    Actual mom trying to hold on to surrogate child
CENTRA!. ISL1P. N Y (AP) — It started
out as a pretty straightforward surrogacy
contract. Then somebody suggested they
skip the artificial insemination bit and do
it the old-fashioned way. In a motel room,
no less, complete with mirrors, gel-bed
and a porno Hick on the television
Surrogate mom Susan Chamberlain says
the sex voided her S25.000 deal with
Joseph and Jean Kaplan, and she is suing
for custody of the son she bore in May. The
Kaplans say a deal's a deal.
The whole lurid story has been unfold
ing in a Long Island courtroom for the last
two weeks while a judge tries to sort out
who should get custody of the baby, called
Shane b\ Chamberlain and Benjamin b\
the Kaplans
Chamberlain has temporary custody.
The hoy is being cared for bv husband Tom
at their Bath. IV. home during the non
jury trial A de< ision is expected by Sept
11
"All she ever wanted was to please
them That was her sole motivation — to
help these older people out," Chamber
lain's attorney, Robert Gottlieh. said
Complicating Family Court lodge David
Fretindlich's de< ision is testimony from
Chamberlain's own mother that her daugh
ter was promisi uous arid drank too much
Mildred Iris ter ommended the Kaplans gel
the tun
It was through her mother that Mrs
Chamberlain knew 4.1-vear-old Joseph
Kaplan and his 50-year-old wife Mrs
Kaplan is infertile
Thev first discussed the possibility of
Chamberlain's acting ns a surrogate moth
er in January l!KKJ. They eventually agreed
she would tie (slid $.J5.(XM) to tie artificially
inseminated with Kaplan's sjn'mi and Is sir
a child for the Centereach couple
The Kaplans claim it was Chamberlain
who first suggested just having sen with
Kaplan, to save time and money Cham
tierlain claims lean Kaplan raised the sub
as t. ,n cording to a deposition obtained by
the Doilv Wes of New York
Chamberlain testified that she and
Kaplan first had s«>\ at the (lorn mack Motor
Inn in |une 1992. after dinner and drinks
"It was not all night It was a couple of
hours," she told the Kaplans' attorney
The 25-year-old waitress didn't get prvg
nan! the first time Kaplun viys he i nuldn'l
perform, despite the erotic atmosphere
They ended up having se\ a total of sev -
en times, on hiding at another motel, then
in the Kaplans own l«*d
Mrs Chamlierlain finally < oik eived in
Septemiier. after moving into the Kaplans'
basement apartment with tier three < Ini
dren
Prosecutor charges
Kevorkian with felonv
DETROIT (AP) — A reluctant prosecutor gave Dr Jock Kevorkian
Inst week what the retired pathologist has been looking for — a
felonv charge that will test Michigan's new law banning assisted stn
. cide.
A warrant was issued charging Kevorkian with assisting in the
death of Thomas Hyde. 30. of Novi Hvde. suffering from amv
otrophii lateral sclerosis, or Lou Gehrig’s disease, died Aug. 4 after
inhaling carbon monoxide from a canister in Kevorkian s van on
Belle Isle in the Detroit River.
Kevorkian then challenged prosecutors to make him the first per
son charged under the six-month-old law. saying he intended to
ignore it because he considered it immoral.
Wavne County Prosecutor John O'Hair said he couldn't let
Kevorkian disregard the law. even though he disagrees with it and it
may l>e overturned.
Kevorkian was arraigned Tuesday before a magistrate, who
ordered him freed on $100,000 bond and scheduled a preliminary
examination for Aug. 27.
At a news conference later. Kevorkian said he would continue to
help "suffering patients."
"This is not a matter of law, governors, legislators, politicians,
ethicists. religionists, theologians, philosophers. It's a medical mat
ter." Kevorkian said. "We need no laws, no regulations, no initia
tives in any state."
Kevorkian urged the medical establishment to push for an end to
"all ill-advised laws" and regulate the practice like other medical
procedures, such as heart transplants.
Tail's work together." he said. "You lay down what you consid
er to be the right guidelines as a medical profession ."
Kevorkian. 65. faces up to four years in prison if convicted, hut
O'Hair said he would not ask for jail time
At a news conference announcing the charges. O'Hair said assist
ed suicide should lie legalized. But he said the way Hyde killed him
self was improper
"When you think of Thomas Hyde on Belle Isle with essentially
a stranger, in Kevorkian's rusty, broken-down van, inhaling carbon
monoxide as a means of ending his life, it seems to me that this is
exactly the kind of thing we want to avoid." O'Hair said. "The vio
lation of the law is c lear. There should lie a conviction.
But O'Hair, a member of a state "Death and Dying Commission"
studying the assisted suicide issue at the request of the Legislature,
said he would propose making assisted suicide legal under certain
conditions.
"It's not like the abortion issue, when someone is deciding the fate
of someone else.” O'Hair said. "It's an individual enslaved in his
own body.
"For myself. I don't have any problem if I was enslaved in the
body, having led a full life, and I came down with Lou Gehrig's or
something like that, where I reached the point where I had to lay in
bed, have people feed me ... see whatever assets I had go out the
window to medical providers rather than to my family. 1 wouldn't
have a moment’s hesitation on making that decision. Not a moment,
he said. !
Kevorkian, a retired pathologist and longtime proponent of doc:- i
tor-assisted suicide for the terminally ill, has been present at 17
suicides by terminally or chronically ill people since 1990.
To stop Kevorkian, the Legislature passed a law last year tem
porarily banning assisting suicide while the issue is studied. It took
effect in February and expires next May
Wayne County Circuit Judge Cynthia Stevens overturned the law
May 20 on a challenge by the Americ an Civil Liberties Union. But
the Michigan Court of Appeals ordered that it remain in effec t while
that court considers an appeal. No hearing date has been set.
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