she didnt think the couple were the babys not perfect lets terminate type michael deprimo a connecticutbased prolife attorney took on her case for no fee she had holoprosencephaly where the brain fails to completely divide into distinct hemispheres the scan showed that the fetus which they had discovered was female had a cleft palette baby s did not have down syndrome kelley wrote but everything changed with her surrogacy on the day of her 21week anatomy scan kelley outlined her experiences on her blog surrogate insanity soon she picked up her kids and drove to ann arbor where she set up a network of labor coaches and midwives for support michigan recognizes the person who gives birth as the childs mother brail said according to her blog the couple who have not been named said they had two frozen embryos which were transferred to kelley in october 2011 she wrote that she knows that they understand the unique bond that baby s and she share and that she is happy that she can keep two promises to the child she carried brail said kelley was sued by the connecticut couple seeking to enforce the parenting agreement and thats when she found out the embryos that had been used for the surrogacy were not those of the intended mother this left kelley free to pursue an adoption as kelley explained in her blog she saw flickers of concern come across the technicians face during the scan the unborn baby also had a cyst on her brain kelley wrote deprimo told abcnewscom that kelley retained his services in february 2012 through a surrogacy agency kelley was able to find an established family in new york with three other children who wanted to conceive i will always be there for you and i will never give up on you she wrote and she could use the surrogacy fee often upwards of 20000 to supplement her income as she raised her girls the pregnancy started off fine march 6 2013 151 the travails of carrying a baby for another couple took an emotional turn for a connecticut surrogate whose ultrasound showed a fetus with birth defects kelley did not respond to requests for an interview placed by abc news through her lawyers after a great deal of soul searching kelley wrote she had decided that she would fight to keep her baby they demanded that she abort he said she will be lost to me forever kelley wrote in a march 2012 blog post she has a hypoplastic right ear which she cannot hear from in michigan she also retained a new attorney herbert a brail who specialized in adoptions brail said that given the strength of her position even with the higher amount theres no way that she would have gone ahead with it after baby s was born in connecticut she would be placed in foster care she made a decision her life was turned