..::Child Custody in Pakistan..Surrogate mother wins child custody battle

..posted by Pakistani Law Firm..Get Free Legal Advice

A woman has won a battle for child custody in a case in which the other side alleged that she was a surrogate mother who became pregnant through artificial insemination.

The petitioner, Farooq Siddiqui, based his case on a claim that the woman, Farzana Naheed, was not his wife. He claimed that since he and his wife were childless, they had opted for artificial insemination. Naheed, the ‘biological mother’, was a “surrogate who had agreed not to claim custody of the child”, Siddiqui said.

However, the civil judge, Ijaz Ali, dismissed the petition and granted custody to Naheed. The judge said he had concluded that Naheed was the real mother as she had contracted marriage to Siddiqui, adding that it would be wrong to rob the baby of her mother’s love and care.

By the time the case reached the court, the couple had divorced, the judge said.

The issue became a legal matter when the infant was handed over to Naheed after she filed a habeas corpus petition with a district and session judge. After that Siddiqui approached the family court with a plea for Fatima’s custody, contending that Naheed had agreed to transfer the child’s custody to him after getting a divorce and receiving money under the agreement.

She moved the habeas corpus petition after the divorce.

Siddiqui stated in his petition that since his wife Yasmin had paid money to Naheed to have the child, the latter could not be treated as Fatima’s ‘real mother’.

According to him, he wanted custody of the baby as he was a man of means whereas Naheed was too poor to even pay for her medical expenses. He said Naheed was selected after medical examinations in 2004 and after obtaining her consent to act as a surrogate mother as he and his wife were unable to produce a child owing to medical complications.

Siddiqui, who works as clinical technologist in New York, said “I came to Pakistan in 2004 to have a child from a Pakistani woman”.

He said he got advertisements published for women willing to be surrogate mothers. Naheed replied to the advertisement and approached him, along with her relatives, and agreed to act as surrogate in exchange for money.

However, Siddiqui alleged, during pregnancy Naheed and her relatives started blackmailing him for more money on one pretext or another. This led to the legal battles.

2 comments on “..::Child Custody in Pakistan..Surrogate mother wins child custody battle

  1. i am a father of a 3.5 year old son who is currently with me. My wife left me on 10th Dec-12 and went to her parents house. The elders from my family tried to diffuse the situation and bring her back but they filed a kidnapping case against my parents and me on grounds that she was kicked out of the house and the child was snatched from her. The case was held at the District court on 21st Dec-12 where the judge ruled out their petition and told them to go to the family court for the custody of the child. They challenged that in High Court and on 11th Jan-13, the High Court advised both our lawyers to dissuse the situation and to reunite us. They have set their demand to get full custody of the child with unlimited visits given to the father, the same condition that we had put earlier. My next date is set for 22nd Jan-13 and i need to know how to retain the custody of the child. My wife is not interested in coming back but has not asked for divorce or khula but we know that they would extort money from us once they get custody. Please advice.

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