Sparks fly when gay couple's attorney brings up woman's abortion - Houston weather, traffic, news | FOX 26 | MyFoxHouston

Sparks fly when gay couple's attorney brings up woman's abortion

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HOUSTON (FOX 26) -

For the first time, we got to see the men at the center of the controversy: Marvin McMurrey and his domestic partner, Phong Nguyen, were in court, hoping to hold onto their twins.

McMurrey refused to elaborate about the case.

"My children are involved and they're minors and we're in litigation so," he said.

McMurrey and Cindy Close are locked in a legal battle.  Close claims McMurrey misled her, claiming they would be co-parents for two children born using in vitro fertilization in 2012.  She carried the children, but the eggs were from a donor and fertilized by McMurrey.

"They're trying to say I was never the mother of my children and I am their mother," she said.

She said she never knew McMurrey was gay until the day she delivered.  She said she was told she was a surrogate for McMurrey and Nguyen and not a co-parent.

"Any agreement we would've talked about was not about surrogacy; it was about raising children together," she said.

A Harris County judge will decide if she has any parental rights when it comes to the children in November.  The children live with McMurrey's partner, Nguyen.

"No, thank you very much," Nguyen said when I approached him for comment.

While the legal case moves through the court, things became heated between the attorneys representing the two parties.

Attorney Grady Reiff, who represents Close, described Ellen Yarrell's questioning tactics of his client as "evil."  He said Yarrell confronted Close about an abortion she had in the past.  Yarrell said that question was relevant because Close told FOX 26 News her only chance at children was destroyed by McMurrey.

"I only ever wanted to be a mom and now he's trying to take that away after giving me my dream he's taking that away," Close said on Sept. 19.

Grady asked for Yarrell's removal as a result of her conduct.  The judge is expected to make a decision on the case in November.

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