In the case of the surrogate triplets who were placed in the custody of the surrogate mother, an Erie County Common Pleas judge yesterday terminated the parental rights of the egg donor.

Judge Shad Connelly eliminated Jennifer Michelle Rice of Texas, the egg donor, as a possible mother for the babies.

That leaves surrogate mother Danielle Bimber as the 19-month-old triplets' only mother.

"I am so excited," said Bimber, of Corry, Erie County. "So far everything has gone my way. But of course they appeal everything."

She was referring to James O. Flynn and Eileen Donich, the Ohio couple who arranged the surrogate birth. They arrived at the hospital the day the babies were born, Nov. 19, 2003, but then failed to visit for a week, prompting hospital officials to call the child welfare agency to have the babies placed in foster care.

Bimber returned to the hospital to take custody rather than see the babies go to a stranger.

She has had primary physical custody since, despite repeated legal challenges from Flynn and Donich. Donich is not married to Flynn, was not a party to the surrogacy contract and did not donate genetic material, so she is not considered a legal mother.

Flynn has appealed Connelly's decision that gives him visits and Bimber primary physical custody.

Bimber asked an Erie judge to terminate Rice's parental rights after an Ohio judge determined that Rice had a parent-child relationship with the babies.

Bimber has appealed the Ohio decision and arguments are scheduled there this week.