A/N: The court case. Also, the mother reveal. Who is Holly's biological mother? Read to find out. I know it's probably not what anyone else would have done, but this is my FanFiction, so I can write it anyway that I want. I just felt that this path hadn't been explored, and I wanted to be different, and stray away from the norms a little. Also, it makes more sense to the overall story line, and you'll find out why in later chapters. Also, anyone who likes Sebastian, that's fine, but in this Fiction, he's the bad guy, so my apologies. I hope you enjoy this chapter. JusticeIsn'tEasy0083. D.

Chapter Twelve: The Court Case... Unfair Advantage

March 5th 2016. The day that Kurt had been dreading since Sebastian had him served with papers for defence and custody of his daughter. Blaine hadn't slept a wink last night, his boyfriend had been pacing their bedroom until early in the morning, pen in one hand, papers in the other, and glasses perched on his nose, scribbling things down, and making notes. Blaine had tried to be interested... he really had, but he'd doze off every now and then, and Kurt would wake him up mumbling nonsense to himself. He had managed to catch something about "calling Santana, and Finn" before he fell asleep. That was only what felt like two hours ago, but was really six and a half. If he had been awake all night because they were horny, it would have been different, but this case has got them all in a spin, and it's making them all a little crazier than usual... Quinn is the worst. She's two weeks late, and Finn is starting to freak out... he's never seen his wife like that, and neither has Kurt to be honest. He'd wanted this day to come just as quick as the others, to get it over with, so he can come home and just finish out whatever it is he wants to do... Holly needs stability, and this is going to shake up her life in more ways than one... There was only one thing that Blaine really needed to do, and that was to get Kurt to relax. His boyfriend was showered, and dressed in his Armani suit, before he'd even considered having breakfast, which Blaine insisted on him doing, snatching the paper and pen out of his hand, and smiling, whilst placing cereal and milk in front of him, telling him to eat. Kurt smiled, leaning forward to kiss Blaine, before helping himself to his breakfast... Blaine just smiled in triumph.

Holly was worried about her father. She hadn't seen him this way ever... not even on her first day of school had he been like this... she doesn't like to see him upset or worried about anything, but no one will tell her what's happening... all she knows is that it's something to do with her... Sebastian... it's something to do with him, but they won't tell her what. Aunty Britt just told her that it's like a vote or something... she didn't understand, but the pretty blue dress Aunty Sanny had brought for her, was distracting her enough to stop thinking about it. She was going with her aunts to meet her father and Blaine at the court house... not that she knew why they were meeting there... but she was excited to see her daddy again... and Blaine... she likes Blaine... he's nice to her, and does things with her, and he's always there when she needs him... he does live with them now, so that's a good thing too... he makes her daddy happy. The first thing Holly noticed when she got downstairs at Aunty Britt's house, was that everyone seemed to be there. Her uncle Finn and Aunt Quinn, Mike and Tina, Mercedes and Sam... she's only five, but she knows that means something... and it's strange... Olivia appears around the corner, and they're off, running around the house, paying chase me, before she gives it a second thought.

Kurt had wanted to be at the court house early, to meet with the lawyers, and go over some things, before everyone else got here, and they got lost in the seas of "you're going to beat that barstard Kurt"... he chuckled, and sat down opposite three of his lawyers. If Sebastian is going to use brains, he'll use brawn... and lots of lawyers... who earn more than Sebastian three times over... can't complain though, Kurt doesn't mind paying them extra to take on this case... of course, arriving early, means also bumping into Sebastian, which wasn't on the list of things he wanted to do this morning, but the black eye he was sporting was the only thing Kurt was paying attention to, and the only thought running through his head was oh shit... oh shit... oh fucking shit... Blaine pulled Kurt into the conference room they had been allocated, and sat down, whilst Kurt paced, and told his lawyers what he'd just seen. If Finn or Puckerman did this, I will kill them with my own hands... he thought, slamming the folder he was holding down on the table.

'Kurt, you don't know that it was anyone you know... Sebastian could be faking...'

'He shows up, on the day of the custody hearing, with a black eye, and you're telling me, that he's "faking it"? Are you kidding me right now? He's going to cite abuse and then the whole case is in the toilet... we may as well tell them about...'

'NO... only bring that up if you really need to Kurt... the less people who know about it the better...'

'Blaine is my boyfriend; he's as much right to know as the rest of the New Directions...' Kurt replied, leaving the room, slamming the door behind him, whilst Blaine just sat, confused at what was going on...

If Kurt had been confident before, the moment he saw Sebastian, it all fell apart. Everything came hurtling back to him, and the pain in his chest had returned stronger than ever. His father and Carole would be here, and no doubt, Finn would have told Mr. Schuester about the case, so he'd probably show up as well... there is so much riding on this... so much that could go wrong... if they're going to win, they might just have to play the only card they have left... they might have to tell them who the biological mother is... it's the only way... Blaine appeared beside him, grabbing his hand, and pulling Kurt over to a seat, where the designer just laid his head on Blaine's shoulder, and closed his eyes... right now, he would rather be anywhere than here... he'd rather be in Paris, or Milan... or even tucked into bed with Blaine, watching sappy movies, and talking about crap... Wes, David, Nick and Jeff arrived just before nine, which made Blaine relax a little, but only made Kurt more irritated and fidgety. Calm down Kurt... everything is going to be fine... as soon as Holly, and Finn and Sanny get here, everything will be fine... he told himself, hoping that he wouldn't be wrong... he's been wrong about it before... slowly, the rest of the New Directions arrived, followed by Burt and Carole, and, of course, Will and Emma. Everyone was talking and sharing their opinions about different aspects of the case. All Kurt really wanted was for everyone to shut the fuck up, and actually say what they're thinking, instead of things that might make everyone feel better. Finn was talking with Santana, and Kurt could help but flashback to junior year of college... the conversation he'd had with Finn...

Flashback

Junior Year of College

Finn was prying. He knew he shouldn't, but he couldn't help but notice the differences between Kurt and his daughter. Of course, some things were the same, Holly had Kurt's blue eyes, and adorable nose, but the colour of her hair... jet black, and her nose... it just reminded him of someone. Kurt had told them all that it was a surrogate, an egg had been chosen and fertilised with his sperm, then implanted into the surrogate's womb, where it would be like a normal pregnancy. They hadn't been told the name of the surrogate; Kurt hadn't wanted anyone to get in trouble, or to have the privacy of anyone invaded. The only people, who knew the truth, were Kurt, and the surrogate obviously... but Finn wasn't as stupid as people thought... he could tell there was a huge secret Kurt was hiding from them, and because of this trial, it's his duty to find out what it is... Kurt is his brother, and they may only be twenty-one, but he deserves to know the truth of Kurt's daughter... he'll never admit that Sebastian is also the girl's father, because he's a fucking douche... when the two brothers finally got time to talk in the kitchen, away from everyone else, he knew it would be his only chance...

'Kurt, can I ask you something?' Finn said, turning to face his brother, who was washing dishes and nodded

'Sure Finn...'

'Is Santana the biological mother of Holly?' Finn asked, not expecting Kurt's reaction, dropping the glass and listening as it smashed on the ground

'How did you find out? Did she tell you, because she promised that she wouldn't... who did you bribe Finn? You can't tell Sebastian...' he said, going a million miles an hour, when all Finn could do was try to grasp the concept that his brother's daughter, was also Santana's...

'Wait, I don't get it. Santana is the biological mother?' Finn said, shocked as Kurt pulled him into the bedroom, where they could talk without being overheard

'It's a long story Finn... she was lonely, I was lonely... we were drunk... we came up with the idea of the surrogate story, to prevent any of you from discovering the truth. I know who I am... I know that I'm gay, and I can't change the fact of what happened between Santana and I, but she made it quite clear that the baby was mine, and that she didn't want to have her name on the birth certificate, because she wasn't ready to be a mother... she's one of my best-friends, and I love her for it. Holly is biologically mine. You can't tell this to anyone Finn... the only people that know, are you, me, Britt and Santana... I'd like to keep it that way...'

'I'm on your side dude,' Finn replied, hugging Kurt tightly

Present Day

Court Case

Blaine had been talking with Brittany, whilst Santana was pacing back and forth, waiting for Kurt to be called into court. She didn't want to go up there and lie, but the truth would turn all of their lives upside down... Brittany knew what her girlfriend was doing... she was trying to protect them all. She loves Holly like any aunt should. She's called Aunty Tana, and loves spending time with the five year old... she would always say that Kurt is her biological father, even though he is... but she'll never claim to be her biological mother... that sounds harsh, but you have to understand... even when she was pregnant, she never felt like Holly was hers... she was always Kurt's... she loves the little girl so much, and would do anything for her... but she's not sure she's ready to give up that secret... especially when everyone they know is going to be there, and Kurt's just started a relationship with Blaine that seems to be going really well. He hasn't told him about them, and it will kill her if she has to watch their relationship fall apart, because of a lie they told five years ago... it's sad really, if you think about it... that Holly doesn't know the truth, and Blaine may never know the truth... but if this case requires her to spill the beans, so that Kurt can keep Holly, she will. If it requires her to lie, then so be it... she's brilliant at lying... If it means that Kurt gets to keep sole custody of Holly, then she'll do it... just to knock that smug barstard down a peg or three

'Kurt, I can't do this. I can't go up there and pretend that it's nothing. What if they find out the truth? What if they do paternity or DNA...? I'm just scared for you and Blaine...' Santana said, clutching onto Kurt's arms, breathing erratically.

'Sweetie, there are only four people in that room who know the truth. If you feel as though you can't lie to all those people, then I'll tell Blaine the truth... but I need you to honestly think about it... I want to tell Blaine, but I want to be the one to do it...' Kurt replied, as Santana nodded, and sat down beside her best-friend, leaning her head against his shoulder

'How much of a chance does Sebastian have of winning?' Santana asked

'If he tells them about Finn and Puck... he could have sole custody by the end of the day,' Kurt replied, knowing immediately what Santana was thinking

'I guess you better talk to Blaine then...' she replied, wiping her eyes, as the designer stood and made his way over to Blaine, leading him into a private conference room

Finn and Puck had admitted that they had gotten into a fight with Sebastian the night before. He came to the Hudson house, and was harassing Quinn, and Finn was protecting his wife, so he did the only thing he knew would get the man to leave them alone... he punch him in the face... of course, it backfired, considering that Sebastian smirked, before he left the house, and now he's here, with a black eye, and he's probably told his lawyers all kinds of stories to make himself look better than he actually is. To say that Kurt is pissed at him, is probably an understatement, but he doesn't get a chance to talk to his brother, because he's following Blaine and Santana into the conference room, and he knows that Kurt is about to tell Blaine that Santana is the biological mother. This could be make or break... in more ways than one... Finn thought, making sure to keep Rachel away from the door, so she doesn't hear anything, and tell the press, or shout it to the high heavens... the rest of the New Direction's don't need to know... it's not that important anyway... Kurt was pacing the room, thinking of a way to word what he was about to say. Santana was just watching Blaine, a look of agony embedded on her face. Blaine wanted to hug her, to tell her that whatever it is, they'll all be okay... Kurt turned to face them both suddenly, and Santana nodded, sitting down beside Blaine, taking his hand...

'I have to tell you something and I need you to understand and listen before you say anything.'

'Of course Kurt...' Blaine replied, suddenly worried that it was something terrible...

'Santana isn't the surrogate mother, she's the biological mother,' Kurt said, maintaining eye contact with his boyfriend so he could determine what Blaine is thinking

'So wait... you... and Santana...' Blaine managed to get out, and the two chuckled

'We were both lonely, and so... so... drunk. It was before either of us had started dating our respective partners. I didn't know until she was about one month in, she told me, and we decided, to protect everyone, that we would lie. Santana didn't want to be a mother at twenty, and I told Sebastian that it was something I'd wanted to do early, so I could have the life I wanted. He went with it, because he's stupid, and that's the way it was. I know that I'm gay Blaine... I've known since age three, but that night... whilst stupid... was comforting to not have to be alone... Santana didn't want to stake claim... she had always felt that the baby was mine... never hers, and she loves Holly like any aunt would... Sebastian has alot on me that could make us lose, and spilling the secret, although the negative ramifications would possibly shift the power. Please say something...' Kurt said, unable to read his boyfriend's facial expressions

'I am so hopelessly in love with you right now. You've told me so much about your life Kurt, and whilst it's a shock, you're not alone. Before I came out I was with girls... just because you had sex with Santana and had a baby with her, doesn't make me love you any less... it makes me love you more... as weird as that sounds. You shouldn't give up that lie unless you absolutely have to... I'll support you either way,' Blaine replied, kissing his boyfriend as Santana was caught in a hug by Blaine... they were interrupted by Finn, telling them that Kurt was up, and they should make a move across the hall, before Sebastian has the high ground... Bring it on Bitch... Kurt thought, as he took Blaine's hand

Kurt had to make a choice... Spilling the secret to Sebastian could give him a leg up. He may go in the direction of claiming that he didn't know Santana was the biological mother, and that Kurt deliberately kept that information from him. That could make him look like a bad parent, even though he was only trying to protect his best-friend, and make sure she was supported throughout. Santana refused any money... she didn't want Kurt's hard-earned money, but the designer insisted she take something... so he gave her a partnership in Hudmel-Lopez and Co. She's the president of the company, and works mostly in marketing. It was the least Kurt could do for the former Cheerio. But if Sebastian's lawyers look into this, they may just discover the truth, and even though his lawyers have done everything they can to help them protect this secret, there is no telling what Sebastian knows, or what his lawyers will share, or how far he's actually going to go... it's only now, that Kurt realises that the chances of him keeping sole custody of Holly are slim to none, depending on Sebastian's field of play. Finn and Puck are sitting on one side of the room; Quinn looks like she'd rather be in bed, but insisted she be present at the trial, even though she's about ready to go into labour, and should be on bed-rest. Mike and Tina were heading back to Lima to visit their parents, but sent Kurt and Blaine their love and support. Mercedes was looking around, as if Sebastian would appear behind her, and the first chance she got, she'd cut the barstard... Santana was the first one to be called to the stand. Kurt's lawyers shifted beside him, and it made Kurt nervous...

'Ms Lopez, please explain to the court your role in Holly Hummel's life,' Sebastian's lawyer, Yasmine said as she stood in front of the booth Santana was seated in

'I was the surrogate mother for Holly, and I'm her aunt,' she replied, looking at Kurt, her own lawyer present in the watching area

'Is it true, that you're a partner, at the business Kurt Hummel created and owns?' Yasmine asked, as Kurt put his head in his hands... he knew where this was going... and so did the Latina on the stand

'Yes, that's correct. I'm the president of Marketing for Hudmel-Lopez and Co,' she replied in a small voice, but loud enough for everyone to hear

'Have you ever had a child Ms Lopez...? I mean a biological child...?' Yasmine asked

Kurt wanted to drop his head onto the table with a loud thunk. He didn't though, he tried to maintain a look of confidence and indignation, but on the inside, he was screaming to himself that he knew this would happen. Santana looked as though she'd been shot... her eye's went wide, and she tried to look anywhere but Kurt, who was also trying to looks anywhere but at the Latina on the stand, or behind him, where he knew Blaine was sitting with Finn... Kurt's lawyers shifted beside him and he could feel Blaine's hand on his shoulder. Sebastian looked as arrogant as ever, but whether he knows the truth, that's a whole other story. Santana looked at him, trying to read his facial expression... there was no point lying... if they knew; they'd know anyway... he nodded quickly, hands clasped together in front of him. Kurt's lawyers leant in to whisper in his ear, asking him whether or not he was sure they wanted to go in that direction, given the vagueness of the question, they could mean something else entirely. Sebastian was waiting for Santana to answer the question, but her lawyer was whispering something to her, and then back to Kurt's lawyers. It was like there was this whole big thing going on right under his nose that he knew nothing about... murmurs from ND in the watching area could be heard through the silence in the courtroom, as the judge told Santana that she must answer the question... Monica, had had enough of the suspense... she stood, not moving from the table.

'Your honour, why is that a relevant question?' Monica, one of Kurt's lawyers asked

'I am just trying to find out whether or not this woman is suitable to be in Holly Hummel's life. She's an aunt, and from our observations, she loves the child as if she were her own... if Ms Lopez doesn't have biological children, it doesn't matter... I'm just trying to gather relevant information for this case...' Yasmine replied, and she could practically see Kurt's relief... this wasn't missed by Sebastian though, who leant further to the left, where another lawyer from Sebastian's company was sitting, whispering something in his ear.

'No, I don't have any children your honour,' Santana replied, hiding her relief at the change of events

'What makes you qualified to love this child?'

'I'm her aunt. I love her as if she were my own child. I have never begrudged her of anything, nor will I ever. Kurt is a fabulous father, and he should have custody of Holly... that's the way I wanted it...' Santana said, before her eyes went wide, and she realised what she said

'What do you mean "the way you wanted it"?'

'I was the surrogate, I wanted the best for the little baby I was carrying, and Kurt was it,' Santana replied, thinking to herself nice save...

'Do you think it would be fair to say, that Kurt Hummel, as fabulous as he is, can be seen as an unfit father due to prior life events?' Yasmine asked, and to be honest, Kurt felt a little hurt at the accusation, frowning, at no one in particular.

'Absolutely not...'

The day wore on, and by twelve, Kurt just wanted to go home, and crawl back into bed, shutting the world out, and thinking about absolutely nothing. Holly was watching the whole thing from the watching area, holding Britt's hand, like it was a lifeline that would keep her safe from Sebastian. When Yasmine called for Kurt to take the stand, it came as a shock. His lawyers had sworn that he wouldn't have to say anything, but from the whispering going on with Sebastian, obviously the rules had been thrown out the window... Monica nodded astutely, as Kurt stood, moving silently to the podium, and taking the oath, before sitting, and facing the court room. Blaine was worried. He and Kurt had talked about the possibility of them both testifying, but nothing had come from it... Monica was watching her client, fear embedded in her eyes. If they found out that Kurt was lying about Santana, that could throw the whole case into dispute, and they could lose everything they've worked so hard for. Yasmine was talking with Sebastian, making notes on the yellow legal pad in her hand, nodding every now and then. Finn was ready to just yell at them all to get on with it. Kurt shouldn't have to be going through this... he's done so much with his life... he deserves to have someone like Holly in his life... if that's taken away from him... Quinn seems to be pissed off too... she's got a vice like grip on her husband's hand, glaring in the direction of Sebastian. Finally, Yasmine turned to face Kurt. He could practically smell the confidence wafting off of her, and if he had of been looking at Sebastian, he would have seen the smirk, but he was trying as hard as he could, to avoid all eye contact with his ex.

'Kurt, you were twenty years old when you decided to have a child... my concern, is that since then, you've become this multi-millionaire... why should you remain the sole guardian of this child?' Yasmine asked bluntly

'If this is a question on the debate of whether or not Sebastian would make a better father than me, you're wasting time. Yes, when Holly was born, I was just on twenty. My father thought I was crazy, but as soon as he met his granddaughter, he couldn't have been more in love with that little girl. My brother, my step-mother... everyone loves her and she's always been a part of my family... I became a multi-millionaire, for use of a better term, after Holly turned one. Sebastian was never there. You can count the number of times Sebastian was home for one of Holly's birthdays, or Christmases or any occasions on one hand... he never spent time with her, he never wanted to have children... and maybe it was because he was twenty... whatever... but you can't deny my love for my daughter, based on stories that Sebastian has spun to you... I guarantee you anything... I would die for my daughter... I would do anything to make sure that she was safe... if I was forced to choose between Holly and my company... I would pick her... you can question my ability to be a father all you want, but don't you dare question my integrity or my dignity, or the love I have for my daughter...' Kurt replied, and Blaine wanted to cheer and clap, but refrained, instead smiling and winking when he managed to catch his boyfriend's eye

'How long had you and Sebastian been together when Holly was conceived?' Yasmine asked

'Sebastian didn't know about Holly until three months into our relationship. The surrogate, Santana, would have been about five months,' Kurt replied

'So, did you intentionally lie to him?'

'No, I told him straight away what was going on... he knew from the very first day...' Kurt replied, smirking when Sebastian's head fell and his lawyer turned to glare at him... busted...

'No further questions your honour,' Yasmine told the judge, before sinking back into her seat, resting her hands on the table top.

A/N: Next chapter: Kurt and Blaine talk about their relationship, and where they see themselves in five years, after Santana and Brittany announce they're getting married. Wes and David return, as do Nick and Jeff, but it's not all fun and games. We're skipping ahead a couple of months. Quinn gives birth, and we find out who won the custody battle... Kurt or Sebastian... There is another trip to Lima, and Westerville, and maybe even a proposal... you'll have to keep reading to find out... Thanks. Enjoy. JusticeIsn'tEasy0083. D.