A surrogate mother who sought to regain custody of triplets she delivered three years ago, has failed in her attempt to get the Pennsylvania Supreme Court to hear her case.

According to an AP report, the state's highest court last week refused to hear an appeal filed by Danielle Bimber, who lost custody of the triplets to their biological father. The appeal came after a lower court ruled in April that Bimber could not challenge the custody rights of James Flynn. The triplets - all boys - have lived with Flynn in Kirtland, Ohio since the lower court ruling.

Bimber contracted with Flynn in 2001. The triplets were born in November of 2003. Bimber and her husband took custody of the children claiming that Flynn and his girlfriend did not name the triplets or visit them for several days after the births. Flynn countered that he and his girlfriend saw the children the day they were born, but did not visit for several days because of insurance and medical problems stemming from the triplets' premature births.

Bimber must now appeal to a federal court if she wishes to continue the case. The AP reported that in an interview with The Journal of Corry, PA, Bimber said she knew there was little possibility that the Pennsylvania Supreme Court would rule in her favor.

"I knew there was a 95 percent chance that I wasn't going to get them back," Bimber said. "Now I know it's 100."