Surrogate Mother Wins Right to See Child Again : Munoz-Haro Visitation Pact Is Temporary, Dispute Is Expected to Continue

All sides in a bitterly contested surrogate motherhood case agreed Friday to temporarily restore child visitation rights to Alejandra Munoz, the Mexican woman whose infant daughter is currently in the custody of her biological father and his wife in Chula Vista.

However, the limited visitation privileges will last only until June 26, when still another court hearing is scheduled in the protracted controversy centering on Lydia Michelle Haro, the 11-month-old natural daughter of Munoz. The girl will celebrate her first birthday on June 25, but it is likely that the controversy and hard feelings engendered by the acrimonious dispute will linger for quite a bit longer.

Under an agreement outlined Friday by Superior Court Judge William C. Pate, Munoz will be permitted three two-hour visits per week with her daughter until June 26. The dates, times and places of the visits were not disclosed.

“We don’t find it’s necessary for anyone else to know the details of the visitation, other than the fact that it’s going to take place,” Pate said.

The girl now lives in Chula Vista with Mario Haro, the natural father, and his wife, Natty Haro--who is also a cousin of Munoz. The dispute has bitterly divided the family.

Munoz, a 21-year-old illegal alien from a small town near Mazatlan, Mexico, has contended that she was duped into the surrogate mother arrangement, in which she was impregnated by artificial insemination; she is seeking greater access to her child. The Haros have maintained that Munoz willingly agreed to bear the baby as a favor to the childless couple.

Although Munoz won shared custody of her daughter in February, her visitation rights were temporarily discontinued last month after an attorney for the child filed a court motion stating that the shared custody might be hurting the child.

The effects on the child will be the subject of an independent investigation, including psychological assessments, by the San Diego County Department of Social Services, Judge Pate disclosed Friday. All sides had agreed to the inquiry in an effort to determine whether the bitter dispute was harming the child’s development, Pate said.

A report on the investigation’s findings is expected to be ready for the hearing scheduled for June 26. The report may or may not contain recommendations for future custody and visitation rights, attorneys said.

The judge announced the temporary agreement after lawyers for Munoz, the child and the couple huddled in private discussions for more than four hours in Juvenile Court here.

Pleased by Agreement

After the court session, lawyers for both the natural mother and the Haros said they were pleased by the temporary agreement. Nonetheless, it seemed likely that litigation would continue for some time.

Stephen T. Cummings, an attorney representing the Haros, noted that family custody cases can drag on for years, with frequent trips back to the courtroom to adjust visitation rights and other problems. “I don’t know if we’ll ever see a final determination,” Cummings said.

Gregory Marshall, the attorney for Munoz, said he hoped eventually to gain some form of joint custody.

“The goal,” said Marshall, who is representing Munoz on behalf of the American Civil Liberties Union, “is to have joint custody that is agreeable to both of the parents.”

However, Marshall acknowledged that it has been “very difficult” for both of the parents to agree on anything during the dispute.

Looming in the background is the fact that Munoz’s right to reside in the United States temporarily will expire next April. U.S. immigration authorities have said they will consider granting an extension, but it is unclear how long such an arrangement could be prolonged.

After the temporary visitation agreement was revealed, Marshall would not allow his client to speak with reporters, but he said she was “very happy” with the decision.

Earlier, Munoz, a thin woman who speaks only Spanish, had cried openly in court and said she was being victimized.

“I feel desperate,” Munoz said, wiping tears from her eyes. “There’s no justice for me.”