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Surrogate Mom Melissa Cook’s Triplets Living in ‘Deplorable’ Conditions with Birth Father, Court Documents Say

A 12-page document was filed in the U.S. Supreme Court Thursday that details a nightmarish list of allegations against a 51-year-old single father who made headlines in 2015 when he demanded that the surrogate mother carrying his triplets abort one of the babies because he’d run out of cash.

The man, identified only as C.M. in the court papers, is accused of keeping the 18-month-old boys in “deplorable” living conditions in the basement of his invalid parents’ home and suffering from “serious personality and mental problems” that allegedly call into question his ability to care for the children, according to court documents. However, he’s not currently facing criminal charges.

“It’s a horror story,” Melissa Cook, 49, whose case about the constitutionality of California’s surrogacy statute is scheduled to be conferenced by the U.S. Supreme Court next week, tells PEOPLE. “These babies don’t deserve this.”

The accusations outlined in the document were made in an affidavit by C.M.’s 55-year-old sister Melinda Burnett, who came forward because she “felt a deep moral obligation to take action to protect the three children and give them a chance at life.”

C.M.’s attorney, Robert Walmsley, who is also a co-owner of the California surrogacy firm that matched Cook with C.M., tells PEOPLE the recent court filing about his client is “filled with a bunch of lies and false claims. It’s libel and slander…Do you think those kids would still be there if this was all true? It defies logic simple logic.”

Wamsley says the triplets “are doing phenomenal and are developing on schedule. He [C.M.] is just trying to live his life.”

C.M.’s sister was against his plans on raising the triplets on his own from the moment she first found out the news in a text message. “I am hoping that this is a joke,” Burnett wrote her brother in December 2015. “This is wrong on so many levels. . . I have felt sorry for you for years because I…

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