HARRISBURG — A surrogate mother can keep $48,000 in child support from the biological father, even though she later lost custody of the triplets to him, a state court ruled.

The state Superior Court ruled Jan. 3 that Danielle Bimber does not have to repay James Flynn, who had given her the money before the same appeals court granted him full legal and physical custody in April 2006.

The children were born in Erie more than four years ago, conceived with donor eggs that were fertilized by Flynn's sperm and placed in Bimber's uterus.

Bimber took the boys home about a week after their birth because she felt Flynn — a Cleveland State University professor — and his girlfriend did not name or visit the newborns soon enough. Flynn saw the boys at birth but said insurance and medical issues prevented repeat visits in the days immediately following.

The court concluded that Flynn's payments did not unjustly enrich Bimber.

"Rather (he) fulfilled a financial obligation to his three minor sons that would have existed if the trial court had never awarded physical custody and support" to Bimber, wrote Judge Fred Anthony.

Flynn had argued that letting Bimber keep the money would be bad public policy because it sent the message to other surrogates that, if they act as she did, they "can collect and retain tens of thousands of dollars in money they were never entitled to receive."

But the Superior Court panel said its previous decision in the case established a precedent that makes similar scenarios less likely in the future.

Flynn's lawyer, Melissa Hayes Shirey, said Friday an appeal to the state Supreme Court was under consideration.