(journalists' questions, indistinct)
- Why'd you do it, Ava?
- Can we get just one word for the Herald? Can you talk about the baby?
(silence)
- She has no comment, okay? And she can't hear you. Just let us through.
- Where's the interpreter? - She's stuck in traffic.
- We need an interpreter. It's the law. - Yeah, I know!
And if she'd taken the plea deal, we wouldn't be here.
- Right, she'd be in prison.
- Look, I, I just...
I'm worried the jury won't find her sympathetic.
Okay? Juries, uh... they... they feel very protective about babies.
(He sighs.)
Hi!
Hi.
I was grocery shopping. I just bought a few things.
I have a green juice for you.
It's much healthier than these.
- A cookie or two won't hurt.
- I know. God, I'm sorry.
I just overthink everything.
If I was carrying my own baby
I would have eaten all the cookies by now.
Oh... it's just so unbearable.
I worked full-time through school, built a business in a world of men,
stayed married through IVF but I have this stupid incompetent cervix
so I can't do the one thing women are supposed to be able to do.
That clueless teenagers do every day!
Oh, I, I'm sorry. I didn't...
- She says she was 16 and she didn't know anything.
She's glad that she can carry your baby.
- Um so, I have to go teach.
- Oh, of course! We're good.
Right?
- He is such a good guy.
I know this must be weird for him.
- Can I?
- I just...
I want her to hear my voice.
I want her to know me.
You know, I'm afraid
that when she gets here she won't know me.
You know?
Oh! What a kick!
Hi, little one!
I'm here! I'm your mama!
Oh, I can't wait to meet you!
Yeah. She takes after you!
- Let me make you some lunch!
(liquid spilling)
- Oh, is that?
Oh, Ava!
(j)
(phone buzzing)
- Hey! What's goin' on? I'm just workin'.
- Get your ass to the hospital! We're havin' a baby!
- Oh, my God! We're havin' a baby! Okay. Whoo!
(panting)
- Push, Ava! Push! - You got this, Ava!
(silence)
(baby crying)
- Oh. - Oh... hello.
(silence)
(baby fussing)
- It's okay.
- So, your baby is healthy and strong,
with an excellent Apgar score.
Great color, great heart rate, great reflexes.
- Uh, what about the... the hearing thing?
- Newborns fail hearing tests all the time.
For fluid in the ears, for reasons that aren't significant.
- Yeah.
- Um, if she can't hear, it's not because we had a deaf surrogate, right?
- No. No, no.
There might be a genetic component,
but I understand you two were the gamete providers?
- My great-aunt Margo was deaf.
- Oh! Then we'll definitely want to follow up.
I'll schedule it now.
- Your who? - My grandmother's sister.
She was an artist.
She used to give me drawing lessons.
They're gonna do more tests.
Max, it'll be okay.
It'll be okay.
(door closing)
(music in the earphones)
(music stops)
- Can we talk a minute?
- Uh, I kinda need to finish this.
- It's just that we have the audiology appointment.
And I know these tests have been upsetting for you.
- Yeah, well, she cried through half of them.
Weren't they upsetting for you?
- They were.
But I think it would help if we talked about it.
About...
her being deaf.
(sighs)
- I don't really know what to say.
- You could tell me how you're feeling.
Because not talking about it is killing me.
- Okay...
I'm feeling betrayed.
- Betrayed?
- You know, I just can't figure out why you didn't tell me
about your deaf great-aunt.
- Oh... I guess I never thought about it.
- So she's not why you chose a deaf surrogate?
- No! I loved the statement Ava wrote.
She was so genuine and kind. And she lives so close.
So we could be involved. - Yeah, I just, I...
I keep thinking how you were so obsessed with every little detail.
All the organic groceries.
And so I wonder why you didn't think of this...
kind of crucial genetic fact.
Or why you would keep that a secret.
- I didn't keep it secret.
What do I know about your great-aunts?
- That none of them are deaf!
(soft music)
- Let the record show that the defendant is charged
with kidnapping and reckless endangerment of a child.
The jury has received my preliminary instructions.
We are proceeding to opening statements.
(theme music)
(woman): Hello.
(woman giggling)
Yeah.
I've never seen that face before.
Are you comin' to bed? - Look at this. Look.
- Hello! - Look at her face when she
hears her mother's voice.
- She looks surprised.
- Well, she looks amazed.
(video): I've never seen that--
- Please come to bed.
Don't you want skin time with her?
- You know, our insurance company
is not going to cover the cochlear implants until she's 2,
that's way too late.
You know thank God for royalties.
We don't even know if she's a candidate.
(baby cooing) (Jenny chuckling)
I know you wanted a musical kid.
- And that is still possible.
The technology now, it's just so good.
I mean, sometimes people can't even tell their kid is deaf.
It's okay.
You're okay.
Let's go to bed, my love.
- I was nearby. I thought you might want to see the baby.
And you said you had milk?
- Yeah, and she's gaining weight.
All on track. 96th percentile in height.
So maybe she'll be a supermodel!
Or a rower.
A volleyball player.
- Uh, can I sit down?
- Yeah.
- No, no, no! Of course not.
Uh, my great-aunt Margo was deaf, so maybe it's that gene?
And you can see, she's wonderful!
- Not so good.
He's having a hard time.
Uh... can I ask you a question?
I don't know if this is rude. Uh...
The audiologist talked about hearing aids
and sign language and cochlear implants.
Right. Did you ever think about getting them?
- But some people use them, right? Like KJ has hearing aids.
(woman's voice): The computer processes sounds to send to the nerve.
Not the same as hearing.
- Is it close, though?
Max really wants her to hear.
Music is everything to him.
And honestly, I want her to hear, too, if it's possible.
It's an easier life, right?
Um, Max is my partner
and my baby's father
so I have to make these decisions with him.
- Parents make decisions for their children all the time.
- Yeah. Yeah.
Um, she's called Lucie.
(Lucie fussing)
- Ava! Hi.
- Oh! Well, that is so generous of you, but...
- Um, come on in.
- Hey! Ava!
- I was driving around, hoping she might sleep.
Ava brought milk!
- Fantastic!
Hey, uh, Ava, I've been watching this documentary.
It's called "Moonlight Sonata."
It's about a deaf kid with cochlear implants
who's learning Beethoven on the piano.
- Right, but the implants are... they're so much better now. Right?
Um, you know Jenny told me about your... your headaches.
But everything's just so much more advanced now
so I guess that's just science, right?
(Max): Oh...!
"Dear Max and Jenny.
I wanted to try and communicate something better than I did in person.
Jenny says you're considering cochlear implants.
Some people may think you should let a child decide later.
There are benefits to deafness.
There's a beautiful culture, and a beautiful language.
If you knew Lucie was gay, and would belong to that culture,
you wouldn't get her a straightness implant to try to make her life easier.
Right?"
Um, it's not like being gay.
- She said, "How do you know?" - No, I, I know what she said.
But it's just not the same.
No, no, we don't... we can't wait. I mean...
The implants work best if you get them as soon as you can!
- Max, can I talk to you for a second?
- Excuse... excuse me.
(door closing)
- I told you we can do the surgery!
Just stop talking about it! - Why do you want to lie to her?
- I don't! I just don't want to be insensitive!
- I'm not being insensitive, I am being honest!
- And incredibly rude!
- If you'd been honest about your aunt Margo, we could have tested.
We wouldn't be in this situation.
- Are you saying you'd rather not have Lucie?
Our baby, that we tried so hard to get?
- Jenny, be serious!
- This is a child's life we're talking about!
- I know! Are you a eugenicist now?
- No! No! I'm being rational!
- You're being a nightmare!
- No! I am being a parent! I am being a father!
- Did I marry a guy who throws things at his wife?
- I don't know! I don't know.
Are you gonna throw things at Lucie?
- No! No. No.
I'm sorry.
I'm...
I'm so sorry.
- We've got to get back to Ava.
- I know.
- Where's Ava?
- Where is she?
Ava?
Ava!
(phone ringing)
(urban soundscape)
- Stop! Stop! Stop!
- Mrs and Mrs Peterson, please follow me.
We've reached Ava's mother.
Do you have family that Ava trusts, or people that she might be heading toward?
- No. It's just us, just us two.
I was an only child. So is Ava.
- What about her father? She mentioned him.
- I bet she said he left because she was deaf and that I blame her for it.
Ava tends to make everything about herself.
- I've always found her incredibly generous and altruistic.
- Does Ava know where her father lives?
- No. I mean if she did, she wouldn't tell me.
But he's long gone now.
- Well, she might have looked for him.
- Ava does what Ava wants. She's always been stubborn.
- Well, please call us if she gets in touch.
- I'm telling you, she won't.
- You're her mother. Why wouldn't she talk to you?
- Just because you rented my daughter's uterus,
you don't get to speak to me that way.
I have to go now. My tour bus is leaving.
- Yes, thank you for joining us on your vacation.
- I knew surrogacy was going to be too much for Ava.
I warned her.
- Ava said her mother was tough, but wow.
Poor Ava. - Poor Ava?
- Imagine growing up with a mother like that!
- She stole our baby, Jenny!
It's hard for me to get worked up about all the why of it.
- Well, we put out a description of Ava's car and plates.
We'll keep you apprised when we know something.
(Jenny): Thank you.
(phone vibrating)
(car door closing)
(engine starts)
(sighs)
- Ava...
(dramatic music)
- So I'll be in touch when we know something, okay?
- Whoa. Wait, wait, wait, what? You're not arresting him?
- He says he doesn't know anything. - And you believe him?
- There's no evidence that he was involved.
And he came in of his own accord, to talk.
- Please, KJ.
I'm Lucie's mother.
If there's anything you know about where my baby is...
- The baby you wanted to mutilate
and to send back like a broken damaged package?
- She's our child, dammit!
- Yes, and I teach kids who have parents just like you two
and they feel like failures because they can't hear,
and that's all their parents care about.
Do you know how deep that goes?
- Max! - Hey. - How dare you!
- Max! - Hey!
- You want an assault charge mixed up with all this?
No, you don't.
- What'd he say? - I don't know. Something you deserve.
- Why am I the bad guy? Ava took our kid!
- Because she thought we were gonna hurt her!
And because her mother's a nightmare!
How do you not understand that?
(silence)
- Oh, Lucie!
Oh!
Oh, Lucie.
I love you.
I will always.
I'll always be here.
(Lucie fussing) Oh, God.
I considered her a friend.
I trusted her completely
and I thought she trusted me.
- It must have felt like a betrayal, when she took Lucie.
- Objection. Leading the witness. - Overruled.
- It did feel like a betrayal.
I'm so sorry. It did.
- I have no further questions.
- No questions, Your Honor.
- Are you kidding? No questions?
- Order, please.
- Are you familiar with postpartum depression, Rose?
- I've heard of it.
- So you know it can be debilitating, and can impair judgment?
- I don't know about that.
- Did you see any signs of depression or stress in Ava,
when you saw her after the birth?
- No. She seemed fine.
- Do you remember when Ava was born?
Uh, how it was for you, afterward?
- Yes. It was a long and difficult labor.
And Ava cried.
She cried all the time.
But I still went to work.
I still fulfilled my commitments.
- I, um...
uh, no further questions.
- No questions, Your Honor.
- Let the record show that the State has chosen not to cross-examine.
Let's adjourn for today.
We'll reconvene at 9 am tomorrow.
Thank you all for your time.
- We told you not to put her on the stand!
But you... you were so sure you had it!
- Look, I mean, who throws her own kid under the bus?
- Ava tried to warn you but you just didn't listen!
You have to do something! - I'm doing the best that I can, okay?
I'm just trying to avoid her getting 15 years, you know.
So she said no to the 2-year plea deal but won't...
Good morning.
Uh, this is Sari.
I've briefed her on the case.
And given her the football.
KJ was right. I'm no the right lawyer for you.
(interpreter): The football?
(interpreter): Can I have a moment alone with Ava?
(interpreter): Can you tell me about growing up in a family that didn't sign?
(interpreter): I'm nervous saying this, in front of my mother.
We've never had this conversation before
and I don't want to hurt her feelings.
When I was growing up
I was always trying to read lips
to catch what people were saying at home and at school.
Hearing people always forget to look at you.
And when I would ask why are people laughing,
they would say, "Oh, it's not important."
But it is important to me.
When I was 10 years old, I went to a deaf school
and finally, I was able to catch up.
But I'd missed so much.
- Do you know why your family didn't sign?
- Objection. Irrelevant. - Overruled.
- When I was two, my father left.
My mother raised me alone.
She was working all the time.
- You've given birth before, correct?
That's required for surrogacy. - Yes.
- When I was in high school I was pregnant for six months and I didn't know.
And I would imagine if the adults in my life were able to communicate with me,
if they were... motivated,
if they really wanted to communicate with me,
that wouldn't have happened.
But that experience led me to this one.
And Lucie...
she's so wonderful.
When I was pregnant with her,
she would kick and I would think about how she would be such a good dancer.
After she was born,
her parents didn't seem happy.
And then they started fighting.
And I could see, or I thought I could see,
that all of the pain that I endured
for all those years
was about to come to her, someone I cherished.
And at that moment
all I could think to do was to protect her,
to make sure she was safe,
to give her all of the love, and for her to be wanted.
Back in high school, the baby that I had was hearing.
And maybe someday in the future I might have a hearing child of my own.
I know that might not happen now
but I would sign with them,
I would give them options.
I would give them a hearing role model, and music, and speech.
Surgery and devices might be helpful,
but they're not going to make Lucie like you.
She isn't like you.
If you give her sign language,
she will learn everything so much faster.
She will be able to study all different things
and not just focus on learning how to use her voice.
She will find who she is.
She will have a complete language from the start.
I think you have to consider the child
for who they are,
not what you expect them to be.
Just... let them be themselves.
- Thank you.
I have no further questions.
- Would the State like to cross-examine?
- One moment, please, Your Honor.
(whispering)
May we approach the bench, Your Honor?
Your Honor, the parents don't wish to continue.
- You represent the State, not the parents.
We've taken a lot of people's time to get a jury.
- I know.
But they're very insistent.
- Well...
I do think, based on what we've heard,
that it would be a miscarriage of justice
to convict on kidnapping charges.
And no one has established that the child was endangered.
If the parents are truly in agreement,
I would look favorably on a motion to dismiss.
(soft music)
- May I talk to Ava for just one minute?
Thank you.
I promise. I heard you.
We're gonna find teachers, a school.
And maybe you can come see us sometime...
...with the baby.
- Um...