A Dutch couple who bought a baby from a Belgian surrogate mother via the internet can keep the child, who is now three years old, judges in Utrecht ruled on Wednesday.
The case was brought by the girl’s biological father, also a Belgian, who had sought a surrogate mother because his own wife was infertile, reports ANP news service.
However instead of handing the baby over to this couple as agreed, the surrogate mother sold the baby to a Dutch couple in Leusden, reports ANP.
The court ruled three years ago that the baby, Donna, could remain in the Netherlands with her Dutch parents on a temporary basis. The biological father objected, but his appeal was turned down, says ANP.
Donna was born in February 2005 and initially her biological mother said that the father was her own husband. But in April last year a DNA test confirmed the real identity of the biological father who began legal proceedings for custody of the child.
On Wednesday the biological father told local Flemish radio that he is disappointed with the court’s ruling. ‘I didn’t expect this. I don’t even get visiting rights,’ ANP quotes him as saying.
The judge said that while it is important that Donna gets to know her biological father, he must first accept that the girl will grow up with the Dutch family, said ANP.
The court said Donna will be placed under the supervision of social services who will help the family cope with the huge media attention the case has attracted.
Donna’s biological father and his wife are now considering further legal steps, reports ANP.
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