Surrogate Cleared of Complaint

An Orange County Superior Court judge on Thursday dismissed a complaint against surrogate mother Elvira Jordan that alleged she had violated court-ordered custody arrangements.

Judge Nancy Wieben Stock ruled in a brief contempt-of-court hearing that the biological father, Robert Moschetta, failed to prove his contention that Jordan “willfully violated” the order by keeping his daughter longer than Jordan was supposed to.

Jordan’s attorney, Richard C. Gilbert, said the allegations against his client were baseless and a form of harassment by Moschetta because he was unhappy with the outcome of the highly contested custody case for the now 21-month-old girl, Marissa Jordan Moschetta.

Jordan, who bore the child for Moschetta and his infertile wife, Cynthia, fought for and won joint custody of Marissa last year after the breakup of the couple’s marriage. The custody trial attracted national attention and was marred by name-calling among the three parties.

In his complaint, Moschetta claimed that Jordan “failed to relinquish custody” of Marissa on three occasions. Gilbert admitted that Jordan brought the child back later than usual, but contended that she did not “willfully intend” to violate the custody arrangement.

Stock agreed, saying that there was “insufficient evidence” to find Jordan in contempt of court.

In another matter, the Moschettas’ divorce was finalized by Stock.