"Dr. Navarro, please tell the court what you do for a living."
The formal recess left as soon as it arrived. Kristina took in every single second she could, sitting in her chair while everyone dispersed from the courtroom. One thought lingered in her mind as she sat in silence, a thought that continues to haunt her as she fixates on the doctor occupying the witness stand.
"I work at General Hospital as an OB-GYN," she responds.
"How do you know my client?" Diane gestures at Kristina.
"She's one of my patients. I treated her once it was established that she would be a gestational surrogate."
"Who was she acting as a surrogate for?"
"Her sister, Molly Lansing-Davis, and Molly's domestic partner, TJ Ashford."
"What exactly is a gestational surrogate?"
"A gestational surrogate is someone who carries a baby made from a couple's egg and sperm to term for that couple, implanted through IVF. The surrogate is not supposed to provide their own egg. It's the only legal form of surrogacy in the state of New York."
"Earlier today, Mr. Ashford took the stand and claimed that my client had two IVF procedures. How true is his claim?"
"Mostly true."
"How so?"
"Well," Dr. Navarro inhales, "the first procedure was fairly standard. After we screened Kristina and ran the appropriate tests, we performed the first IVF procedure sometime between March and April of last year. I don't remember the exact date, sorry."
"That's no problem at all, doctor," Diane smiles, "How successful was the first procedure?"
"The implantation itself was a success, but it seems that the embryo didn't last. Ms. Corinthos-Davis miscarried about a week later. Another month or so passed before she came in for the second procedure."
"Tell us about this second procedure."
"Well, that's the thing, there was no technical second procedure."
The room stops and stares ahead, and Kristina's not sure if they're all on her or on the doctor.
"Why was there no second procedure?"
"Kristina was already pregnant."
The silence grows deafening, and as badly as Kristina wants to sink through the floor, she stiffens her spine and sits up straight.
"How did you determine that my client was already pregnant?"
"We conducted initial testing to make sure Kristina was healthy enough to go through IVF a second time, and that included a blood test, where her pregnancy was detected."
"How accurate is a blood test compared to a store-bought pregnancy test?"
"It's more accurate."
"Thank you," Diane steps to her right, "Now, Dr. Navarro, what experience do you have in DNA tests?"
"As an OB-GYN, I'm able to conduct prenatal paternity tests. I didn't conduct one in this situation, but it is something I'm qualified to do."
"And how qualified are you to interpret DNA results?"
"As qualified as any doctor in any field."
"So if I were to present you with a DNA test performed by one of your colleagues for this case, you'd be able to tell us about those results, right?"
"I would, yes."
Diane walks to her table and grabs one of the cream-colored folders, walking towards Molly, "Now showing opposing counsel Defense's Exhibit B," she then looks to the judge after handing Molly a copy, "May I approach the witness?"
"You may."
"Dr. Navarro," Diane hands the doctor another copy, "what have I given you?"
"You gave me a copy of some DNA test results taken a couple weeks ago or so. One page is of a maternity test, and the other is of a paternity test."
"And is this a fair and accurate representation of what DNA test results from General Hospital are?"
"Yes."
"Your Honor, I move to admit Defense's Exhibit B into evidence."
"Any objections?" Judge Perez looks at Molly.
"Yes," she stands up, holding the documents against her, "Dr. Navarro did not perform this specific test, so she is unable to speak on its contents."
"Your Honor, we've established that, yes, while Dr. Navarro is only able to perform a certain kind of DNA test in line with her job, that doesn't preclude her from speaking on this test. Furthermore, we established that she is still able to interpret DNA test results overall, which opposing counsel did not object to."
"I'll give you some leeway here, Ms. Miller. The doctor can speak as to what is written on the document, but should she go outside those bounds, we'll have an issue."
"Yes, Your Honor," Diane nods as Molly sits down, "Dr. Navarro, let's discuss the maternity test first. What can you tell us about those results?"
"Well," Dr. Navarro looks down, "the document notes that both sisters' DNA was taken and compared to a sample from Morgan Davis-Ashford, and the results show a 99.9999% chance of who Morgan Irene Davis-Ashford's biological mother is."
"Who is Morgan's biological mother?"
"Kristina Corinthos-Davis."
Molly scowls as TJ's eyes widen, Alexis and Sam mirroring his expression. Sonny ducks his head down while Dex raises an eyebrow, his breath caught in his throat.
"Now we'll go to the paternity test. What can you tell us about that?"
"Like the maternity test, DNA samples from both TJ Ashford and another man, Dexter Heller, were taken to match with another sample from Morgan. And like the maternity test, there was a 99.9999% chance of who Morgan's biological father is."
"And who is Morgan's biological father?"
"...Dexter Heller."
Sharp inhales fill the room as all eyes shift to Dex. His eyes grow red in anxious shock, his breath caught in his throat while his nostrils flare as he stares at the back of Kristina's head. Alexis, Sam, and TJ look on in disbelief while Sonny ducks his head down. Molly cast her eyes at the floor, fists clenching against her notepad.
"He was in on this?" Sam whispers sharply to Alexis.
"Look at him," Alexis frowns, seeing Dex's face turn redder with grief, "It's clear he was anything but."
"So," Diane clasps her hands together, "what you're telling the court here today is that Morgan Davis-Ashford is the biological daughter of my client and her boyfriend, not of the Plaintiffs?"
"Yes, that's correct."
"Thank you," Diane nods, "No further questions," she hands her last copy of the results to the judge, "A courtesy copy for you, Your Honor."
"Thank you," the judge nods. Molly pauses as Diane takes her seat, inhaling deeply as she slowly stands up. She meanders into the well and stands before Dr. Navarro.
"Dr. N-Navarro," her voice is shaky as she begins, "you didn't personally take those DNA tests, did you?"
"That's correct."
"So you don't know if they're contaminated, do you?"
"That's technically true, but the tests we run at General Hospital detect any contamination. Based on these results, there was no tampering or obstruction."
"You agree with me that DNA tests are not full-proof?"
"Yes."
"There is a ch-chance, albeit small, that those tests are w-wrong, isn't there?"
"That is a possibility."
"M-Moving on, you were responsible for the Defendant's care during the surrogacy agreement, right?"
"Yes, I was."
"You conducted all the needed tests for the Defendant's surrogacy bid, right?"
"Yes, I did."
"And you approved of the Defendant being mine and TJ's surrogate, didn't you?"
"That's correct."
"You were the primary doctor during her first IVF procedure?"
"Yes."
"And when she miscarried that embryo?"
"Yes."
"Did you consider leftover tissue or hormones as a false positive?"
"It's certainly possible, but after expelling most of the tissue in Kristina's body as well as having her waiting a month to come back in, it's highly unlikely."
"So, you knew that the Defendant was already pregnant when she went in for a second IVF procedure, is that right?"
"Yes."
"And you didn't think to tell the recipient parents about this?"
"Kristina is my patient, and I have a duty to keep her medical information private."
"Is that what she asked you to do when you broke the news to her?"
"That's confidential."
"Did you ever offer to tell someone? Did you ever tell her to fess up?"
"That's confidential."
"Objection, Your Honor, I do believe doctor-patient privilege is applicable here," Diane gets to her feet.
"I tend to agree," Judge Perez nods, "Sustained."
Molly tried to take a deep breath, sighing in defeat, "No further questions."
"Any redirect?"
"None, Your Honor."
"You're free to go, Dr. Navarro. Thank you for your testimony," the judge smiles. The doctor steps down, giving Kristina one last look before swiftly exiting the courtroom.
"Defense calls Dexter Heller to the stand," Diane announces. Dex takes a breath as he stands up and buttons his blazer, entering the well and taking a seat.
"Mr. Heller," the attorney proceeds, "I know you've just been given some heavy, heavy news, but I just have some questions to ask you, if that's alright."
"Okay," he says, his tone reserved.
"What is your relationship with my client?"
"She's my girlfriend. We've been together for about a year, year and a half."
"When did you two formally get together?"
"It was sometime after she suffered from a miscarriage. We were already fairly close, but that's when we…"
"When you two slept together?"
"...Yes."
"What was your role in this surrogacy debacle?"
"I didn't really have one. I supported Kristina during her pregnancy and I helped out whenever I was needed."
"How involved were you in Kristina's decision to lie about Morgan Davis-Ashford?"
"I wasn't involved at all. I was under the impression that the baby was Molly and TJ's. She…" he gulps, "She tried to tell me that Morgan was mine, but…I didn't believe her."
"When did she try to tell you?"
"It was months ago, after she gave birth. She told me Morgan was mine, and I didn't agree because, to me, she was still reeling from giving birth and I thought it was the trauma talking. That's what I get for assuming."
"Beyond the circumstances, why didn't you think Morgan was yours?"
"After we slept together, she went in for her second IVF procedure, and when I asked her how it went, she told me that everything was fine and that the procedure was a success."
"Mr. Heller," Diane frowns, "how are you feeling now that the truth is out?"
"I…I wish I knew sooner. I wish things didn't go this far. It's just…it's still sinking in for me," Dex chokes up as he continues, "I…I have a daughter."
"You lost out on so much time with her, almost two years of her life, didn't you?" Diane steps closer to him as his face gradually grows more flush, "All those milestones both inside and outside of the womb you were excluded from, all the warmth and love you were likely more than willing to give, it was all taken from you, and here you are today, reeling from every piece of information you've had to take in."
"Back off, Ms. Miller," the judge commands, frowning as Dex proceeds to gently break down on the stand.
"No further questions," Diane sits down just as Molly stands up. TJ gently grips her arm to stop her.
"Don't," he whispers. She shakes him off and enters the well.
"Mr. Heller," her tone is cold, "it's pretty clear that you're…upset about all of this, aren't you?"
"Yes," he sniffs, trying to relax.
"You'd go so far to say that you're angry, right?"
"That's one way to put it, yes."
"You're angry at being lied to?"
"Yes."
"You're angry at the fact that you've lost out on almost two years of time because of what happened?"
"Yes."
"And ultimately, you're angry at the Defendant for everything she's done here, aren't you?"
"I'm angry at the situation and circumstances."
"Yes, a situation and circumstances the Defendant created, right?"
"I don't see how that's any different from what I said."
"It's okay to be mad at her for what she did-"
"I stand by what I said, Molly. I know you're mad at your sister, but that doesn't mean you get to put words in my mouth."
"Okay," Molly walks to her right, stopping to stare directly at Dex. She glances at TJ, whose face is stern before looking back, "If we can't talk about Kristina, then we'll talk about you."
"What about me?"
"Well, for starters, you work for Sonny Corinthos, don't you?"
"Objection," Diane stands up again, "Mr. Heller's occupation has nothing to do with today's proceedings."
"It does when we're talking about his capability to take care of a child, which is precedent set by Falconeri v. Jones, a case Ms. Miller herself directly worked on."
"I'll give you leeway, Ms. Lansing-Davis, but tread lightly."
"Yes," Dex takes a heavy breath, "I work for Sonny Corinthos."
"You work for Corinthos Coffee?"
"I do, as a shipment supervisor."
"But that's not all you do, is it?"
"What do you mean?"
"You also work for Sonny Corinthos in a more…covert capacity, don't you?"
"I work as a bodyguard occasionally, yes."
"But it goes even further than that, doesn't it? It's not just shipment supervising and security, but you also hold a high position in his mafia organization, don't you?"
"Objection, Your Honor!" Diane snaps as Dex sucks his lips in, nostrils flaring at Molly, "Ms. Lansing-Davis's fraught allegations of what Mr. Heller does for a living is far more prejudicial than probative, and I'd like to point out that Sonny Corinthos is opposing counsel's maternal uncle."
"Move on, Ms. Lansing-Davis. Please."
"Fine," Molly huffs, "Correct if I'm wrong, Mr. Heller, but you served in the armed forces, right?"
"Yes," Dex's response is curt, "I did two tours, one in Afghanistan and one in Germany."
"You were in the military for a brief period of time, wouldn't you say?"
"Brief?"
"You were discharged fairly early into your career, weren't you?"
"I was formally discharged, yes."
"You received an other-than-honorable discharge, didn't you?"
"Molly," TJ hisses loud enough to catch her attention, fists clenched against the table. She shoots him a brief glance.
"...I did."
"And you received this because of an incident that involved one of your superior officers, correct?"
"My superior was abusive. Not only was he vile to me and my fellow soldiers, but he terrorized his own family."
"And that's what prompted you to assault him unprovoked?"
"Objection!" Diane slams her hands on the table as Kristina sits up in shock.
"It wasn't unprovoked," Dex answers, shaking slightly.
"You attacked a superior, didn't you? You got thrown out of the military for your violent behavior, yes or no?"
"Your Honor!"
"I have every right to make sure that Mr. Heller is capable of raising a child, from the dangerous lifestyle he leads to his violent outbursts!"
"I'm not a violent person."
"Molly," TJ calls out, "stop!"
"You brutalized one man and then joined an organization that regularly brutalizes people, yes or no?!"
"I would never hurt a child. Ever." Dex's nostrils continue to flare, his vision blurring.
"This is a gross mischaracterization of my witness and it should not be considered in today's proceedings!" Diane argues.
"I am entitled to question Mr. Heller's past behavior whether he likes it or not! The same goes for opposing counsel's delicate sensibilities on the matter!"
"'Delicate sensibilities?' Opposing counsel has unfairly maligned my witness through this cross examination! Her attitude and rationale isn't fit for today's proceedings!"
"And he isn't fit to be a parent!"
"Well, that's not up to you, Ms. Lansing-Davis. That's up to me," Judge Perez scowls. Dex winces as Molly's scream echoes in his head, his face a bright red and his cheeks gently stained with tears, "I think this witness's time on the stand is done."
Dex swiftly marches back to the gallery, taking a seat by himself closer to the courtroom doors. Sonny turns to look at him, sympathy present in his eyes. Kristina does the same from a further distance, and all Dex wants to do is sink into the floor.
"Ms. Miller, call your next witness," the judge says.
"Gladly," Diane nods, "Defense calls Kristina Corinthos-Davis to the stand."
Kristina keeps her eyes on the stand as she walks towards it, slowly sitting down. She gazes out at the courtroom, taking in everyone's stares.
"Kristina," Diane approaches her, "there's been a lot of discussion about what you did and how you've acted over these last two years. What do you have to say about that?"
"I'm sorry," her response is quick, "I lied to my family, my friends, all the people in my life that I love. I own what I did and the lies I told, and I…" she begins to choke up, "I'm so sorry. I'm sorry to Molly and TJ for misleading them," she gestures at them before looking out at the gallery, "I'm sorry to Dex for keeping him from his daughter, and I…I'm sorry to that same daughter for putting her in this situation. I've caused a lot of damage, and if I could go back and reverse all of it, I would."
"Kristina, why did you lie about your daughter?"
"I wanted to give Molly and TJ what they wanted. I agreed to be their surrogate, and I wanted to follow through with it."
"Even at the expense of your own child?"
"I…" Kristina's mouth clamps shut, eyebrows furrowed as she casts her eyes at the floor, "I thought that I'd be able to part with her, that I could look at her and see her as my niece, but she…she's a part of me and I can't just let her go."
"...Why did you confess after you gave birth?"
"The birth itself was…" she shakes her head, choking up, "I almost died. My daughter almost died. When I finally saw her and got to hold her, after all that happened, I just…I knew that I couldn't be away from her, and I…confessed."
"Kristina, even with all the things you've said and done, why do you think you're fit to be Morgan's mother?"
"Because I love her. Everything that I've done has been for her benefit, and no matter what, my daughter will come before me. It's been that way, and it will always be that way."
"No further questions," Diane turns her back as Molly passes by. Kristina gulps at the sharpness of her brown eyes, a fiery glare she's never seen before.
"Everything you did was for Morgan's benefit," Molly begins, "So passing her off as your niece was for her benefit?"
"Yes! I thought that she'd be better off with you, but-"
"Cutting her off from her biological father was for her benefit?"
"I…" Kristina bites her lip.
"You were willing to leave your daughter in the care of strangers rather than be with you, and now, suddenly, you want to keep her. Do I have that right?"
No response.
"Answer the question, Ms. Corinthos-Davis," Judge Perez's eyebrows shoot up.
"...Yes."
"And not only did you decide to do that, but you had plenty of opportunities to say something before today, didn't you?"
"I did…and I didn't speak up once."
"So, if I have this right, your desire to cover your tracks was more of a priority than your daughter?"
"Objection, Your Honor," Diane stands up.
"I'll move on," Molly responds swiftly, which prompts Diane to sit back down, "You heard Mom testify earlier, right?"
"Yes."
"And you heard her testify to your…colorful past behavior?"
"...I did."
"Correct me if I'm wrong, but you did a lot of that out of anger, didn't you?"
"Yes. Someone said or did something that wronged me, and that's how I chose to respond."
"Right, you chose to attack the late Connie Falconeri in her office over the car accident instead of, say, consulting the police?"
"My husband died-"
"You chose to blow up your professor's marriage and job security because she wouldn't sleep with you?"
"It was a dumb, impulsive offer-"
"And now, you chose to keep quiet about Morgan because you were mad at me?"
"What?"
"You hated my overprotective nature and the fact that, in your eyes," Molly paces around, her tone growing more and more bitter, "I was forcing you to give up your baby girl, so you decided to backtrack and break our hearts as revenge?"
"No-"
"Admit it, Kristina!" Molly's face is bright red, "Admit that you did all this to hurt me!"
"Your Honor!"
"Nothing further!" Molly huffs, marching back to her seat. Kristina stares at her as she makes her way back to Diane.
"Defense rests, Your Honor," Diane buttons her blazer. Molly locks eyes with the judge, taking a deep breath. She looks TJ's way, catching the back of his head. She slowly gets to her feet, standing as firmly as she can under the judge.
"All TJ Ashford and I wanted was a baby of our own, a baby that was half of him and half of me, a baby the Defendant promised to deliver us as our surrogate. Instead, as the evidence showed today, she sat on a lie that cost us money and caused us immense heartbreak. TJ and I detailed our agreement with the Defendant, how much we did for her and how much we lost because of it, and how she betrayed us so brutally. Alexis Davis detailed how sound the formal contract was while Dr. Navarro agreed that an arbitrary DNA test could've been incorrect. This case is closed: Morgan Davis-Ashford deserves to stay with TJ and I. The Defendant breached her contract and has no rightful claim to a little girl she mistakenly believes is her own. Find her liable."
Diane rises as Molly settles into her chair, "My cost the Plaintiffs money; the Plaintiffs nearly cost my client her life. The evidence speaks for itself, Your Honor. The contract notes that if the baby isn't biologically related to them, their claim is void. And what was proven today, though that aforementioned, scientifically-sound DNA test? That Morgan Davis-Ashford does not belong to the Plaintiffs. She deserves to be with her actual parents instead: Kristina Corinthos-Davis and Dexter Heller. Ms. Lansing-Davis did her damndest to paint the both of them out as violent sociopaths, but is that what you saw from them on the stand today? Is that what you observed through their answers? No. What you saw was a young man tragically kept out of the loop and a young woman who just wants her baby. My client did not break the terms of her surrogacy contract, and her past infractions don't dictate her motherhood. Don't allow the Plaintiffs to keep Morgan from her family. Find her not liable."
Molly shoots back up, "Let's say that test is as accurate as Dr. Navarro claimed. Would it really be in the best interest of the baby to end up with an impulsive hothead mother and an anger-prone father? Or would it be in her best interest to stay with her well-adjusted lawyer aunt and her loving doctor uncle? At the end of the day, it comes down to Morgan. It comes down to her happiness and her well-being, and the Defendant and her boyfriend will not foster that for her. In fact, it's more likely they'll beat it out of her. Don't let Morgan fall into their clutches. Find the Defendant liable."
"Thank you," Judge Perez sighs, dropping her pen onto her bench, "I'd say we can break for recess, I'd even say you've both given me a lot to think about, but it's quite clear to me how this case should end."
The judge scans the room, taking in everyone's shock, "What I saw today was a war between two sisters, two sisters angry and hurting and looking for a solution that decides the winner," she looks at Molly, "I saw flashes of control issues and explosive devastation," she then turns to Kristina, "and I saw horrific neglect and incredibly poor decision-making."
She then looks at Dex, who sits upright with dried tears on his face, "I saw two attorneys make a spectacle out of a man's disbelief and heartbreak. It's quite clear he was uninvolved in the Defendant's lie, that this baby was, in fact, biologically his, and yet salt is rubbed in the wound of his grief before he's promptly kicked around."
She finally looks out at the gallery, "When considering the evidence and facts of this case, coupled with the limited precedent on situations like this, I feel that neither mother is fit to have custody over Morgan Davis-Ashford."
"What?!" Molly shoots up, her chair rolling back.
"The contract states that if the child isn't biologically related to one or both of the Plaintiffs, then there is no claim. The DNA test proved that fact, and since that agreement was signed on by both parties, I find that the Defendant did not breach the terms of her contract. By extension, I don't believe the Plaintiffs will maintain custody of their niece."
"So…" Diane stands up, "she's not liable?"
"Yes, but before you celebrate, Ms. Miller, your client also loses her right to custody. She was willing to give her child to strangers, meaning she was willing to risk her child's health and safety for her own interests. A mother who truly wants to keep her child wouldn't even think of doing such a thing," the judge looks at Molly, "nor would she dredge up remedied past sins to make her own sins look beneficial."
"But…" Molly blubbers, "i-if she's not w-with us or her, t-then…?"
"I'm granting Dexter Heller sole custody effective immediately."
All eyes fall on Dex as he feels his heart stop for a moment. His breath hitches in his throat, eyes widening as the judge continues.
"I'll calendar a separate hearing for his determination on visitation rights," she dips her head down, "If I were you, Mr. Heller, I'd find representation immediately and greatly consider what is best for your daughter."
"Y-Yes, Your Honor," Dex stands up, nodding.
"Now, I do believe you have someone very important waiting for you. I think it's best if you go and get her," Judge Perez smiles before she slams her gavel.
Dex looks around for a moment, studying everyone's expressions before giving one last look at Kristina, who doesn't turn around. He stands up and exits the courtroom, his steps somewhat shaky while a few officers follow him. Judge Perez stands, everyone else following suit, and enters her chambers.
"Well," Diane begins as everyone cleans up, "I told you this would work. I didn't expect Dex to have complete control of visitation, but you'll have to do a lot of groveling if you want to keep that little girl in your life."
Kristina stays put as the attorney leaves. Sonny walks over to her while Alexis and Sam approach Molly and TJ.
"Well," Kristina's voice cracks, "I won."
"Morgan is where she belongs," he says.
"I hurt so many people, Dad."
"I know, and now it's out there and you gotta figure out how to move forward. Admitting the truth is the first step, remorse is next."
"I know."
"I love you," he hugs her tightly, "and I support you. Do what you can to stay in Morgan's life, okay?"
"Okay," she smiles sadly, "Do me a favor, though, please."
"I'll keep an eye on them, I promise," he grins before he steps away and goes through the courtroom doors. Kristina takes a deep breath before collecting her things, making a beeline for the exit.
"Not so fast," Molly yanks her elder sister's arm and spins her around as Alexis and Sam stand in front of the double doors. TJ stands a bit behind Molly, arms crossed and disappointment present on his face.
Kristina does her best to match Molly's glare, parts of her wilting inside as her younger sister speaks, "No one's leaving until we actually talk about this. Right here, right now."
