Kiwi dads speak out from Mexico - and show off their three little surrogate babies video


Speaking from Mexico, David Beard tells the story of the couple's new babies, and why they want to come home.

Meet Lachlan, Kelly and Blake: the newborns who are about to find themselves at the centre of an international legal storm.

The "triplings" were born to surrogate mums in Mexico, in an arrangement with their Auckland parents, David and Nicky Beard, and an Argentinian egg donor.

The Beards have now decided to publicly identify themselves on Stuff, to raise awareness of their battle. They believe they were the last gay couple allowed to use international surrogates to give birth to their children, as Mexico tightens its IVF laws to bring them in line with most other nations.

David (left) and Nicky Beard with their "triplings" Lachlan, Kelly and Blake.

David (left) and Nicky Beard with their "triplings" Lachlan, Kelly and Blake.

David Beard, 41, the biological dad, is a prominent lawyer and the owner of Auckland law firm LegalStreet. His husband Nicky Leonard Beard, 32, is originally from Ireland. The couple issued a simple plea early on Tuesday morning: "David, Nicky, Lachlan, Blake and Kelly simply want to come home to their family."

Surrogacy company denies help to Kiwi couple in 'triplings' row
Kiwi couple stuck overseas with three newborn surrogate babies

One of their Irish friends set up a Givealittle fundraising page on Sunday, to coincide with the first publication of their story on Stuff and in the Sunday Star-Times.

David Beard and his daby daughter Kelly, born to a Mexican surrogate mother.

David Beard and his daby daughter Kelly, born to a Mexican surrogate mother.

Speaking openly early on Tuesday, David Beard shared his emotions at becoming a father.

"I cannot describe the feeling. It was beautiful. It was instant love and caring, like a lion with its cubs, I looked at them and could not believe that they had come from me.

"I looked at their eyes and their faces and I cried. I only cry when I am happy – which is weird in itself! They are beautiful, and no matter how smelly the nappies are, they are still beautiful."

Kelly and her brothers, Lachlan and Blake, were born to two different surrogates.

Kelly and her brothers, Lachlan and Blake, were born to two different surrogates.

The couple desperately wanted to get their children home from Villahermosa, where they said they were born among cockroaches and in other unhygienic hospital conditions. They were pleading for help from friends and family around the world but, most of all, from the New Zealand and Mexican governments.

Ad Feedback

The Mexican government has assured them they would be allowed to take the children out of the country, but the wheels were turning worryingly slowly.

The New Zealand government has told them, essentially, buyer beware. International surrogacy is a dangerous business, and there are legal risks involved.

Nicky (left) and David Beard have pleaded for the New Zealand government to help get their babies home from Mexico.

Nicky (left) and David Beard have pleaded for the New Zealand government to help get their babies home from Mexico.

The babies were carried by two different surrogates, producing a set of twins, Kelly and Blake born on March 5 and single child, Lachlan on March 1. But the couple say the Cancun adoption agency took off with all the money they had sent for medical and hospital bills, legal costs and care for the surrogates.

The couple has engaged prominent family lawyer Margaret Casey QC to help fight their case, but it has been an uphill battle with government agencies.

David Beard said even though he was a lawyer, the couple was finding the process extraordinarily challenging.

"If the combination of David Beard and Margaret Casey QC can suffer this kind of conduct then the whole nation should fear for other prospective surrogacy parents who, whether gay or straight, are desperate for children – because this level of desperation is what the international surrogacy agencies bank on."

Speaking from Mexico, David Beard said it took the couple four years to get to this point. They have forked out tens of thousands of dollars to have the babies – but say they were abandoned by the agency's surrogacy manager before the babies were born.

They were horrified when Lachlan, born prematurely, was delivered in a local hospital infested with cockroaches.

The newborn then required extra hospital care, to the tune of USD$79,000 (NZD$118,132) – leaving the couple in deep debt.

"The sad thing was that I had to sit outside Lachlan's neonatal ward, only catching glimpses through the pulled blind, but I sat there like a loyal dog. I can't put it into words," David said.

The North American surrogacy company used by the couple has said it had no involvement in the case other than to pay bills to the Cancun agency for them. 

"In absolutely every instance, payments have been made on time, and in many cases early, as indicated in the agreement with their agency," the company said.

It said the Cancun agency was run by a female former employee - who disappeared, and whom the Beards had been unable to track down.

"In the last couple of months of the pregnancy, she began to show her true colours. She would disappear for days and weeks on end. This was an alarming surprise for us and extremely stressful," the couple said.

The Beards said she vanished entirely around February when she received the final payment from the escrow - leaving the fathers in the lurch when Lachlan was born prematurely.

They are now asking the public, friends and family to help fund raise to cover some of the costs, and to get home.

"Despite being stranded in Mexico this story does have an exceptionally happy ending," David Beard said. "[We] are the proud fathers of three beautiful babies, Lachlan, Blake and Kelly."

They had, he said, "achieved their dreams".

The couple were asking for Immigration Minister Michael Woodhouse to intervene, so the three babies could have New Zealand passports issued immediately by the NZ Embassy in Mexico City – "rather than having to go through the expensive and lengthy process of obtaining Mexican passports for babies who have no biological connection to Mexico".

"Hopefully they will all arrive home to the safety of New Zealand as soon as possible."

The Ministry of Social Development's Paula Attrill said the New Zealand government was aware of the case and had provided advice to the Beards.

"Their situation is typical of many international surrogacy cases. They can be highly complicated, involving other countries' laws and procedures and involve a high degree of uncertainty," she said.

Attrill said any further assistance would be focused on the adoption process by the non-biological parent, once the children arrived in New Zealand.

International surrogacy by homosexual couples was only recently banned in Mexico, but the Beards said government officials assured them they would be able to take the children home because the surrogates were already pregnant.

The Beards were still confident that was the case – but they wanted to leave as soon as possible, hopefully within the next month.

 - Sunday Star Times

Ad Feedback
special offers

DIY funerals on the rise

Waikumete Cemetery open day will be held on November 12, when its wildflowers are in bloom.

No need for a funeral director; you can transport the body yourself.

Killer's parting shot to victim's family

Bodi McKee faces at least three years behind bars for shooting dead Leslie Putt in Auckland last year.

Bodi McKee shot dead Leslie Putt last year and yelled profane abuse as he was taken away to prison.

Ban BYO at community centres - police

Police say they've received numerous complaints from 16th birthday parties and social events.

A rise in police callouts to boozy parties at community centres has prompted calls for tougher liquor rules.

$1.6m church cash gambled away

Papu spent much of the $1.6 million at Auckland's SkyCity Casino.

She was in charge of the church's money but she used it to fund her hidden habit.


Eli gains loyal, helpful friend video

Six-year-old Eli Burkhalter with  his new assistance dog Taffy.

Taffy the golden labrador is a welcome companion for six-year-old Waikanae boy.

Kids sick on synthetics

Synthetic drugs, often mixed with dried leaves resembling cannabis, have claimed at least 20 lives in New Zealand this ...

Youngest was just 5 as three Porirua kids taken to hospital severely ill.

Massive drug case heads to trial

Wellington Police found cash hidden in a wall cavity during raids in Porirua and Tawa on April 11, 2017. (File photo)

Lawyer says covert drug operation was believed to be the biggest yet for the Wellington region.

SH1 blockage cleared

NZTA advised of delays on around the Paremata roundabout and Mana on State Highway 1 after a three-car crash at Plimmerton.

Minor delays continue after a two-car crash near Plimmerton.


Crash victim a post-quake battler

Eileen Pearce in her New Brighton home. After four years fighting for a rebuild, she settled with Tower Insurance, but ...

Eileen Pearce, 86, spent the last years of her life fighting her insurance company over her Christchurch home rebuild.

Fire rips through home

The Prest family look on as their house is devastated by fire.

"Where do we live, where do we go?" asks father who tried to smother flames with blanket.

Mum 'cannot grieve' video

Michelle Bishop is upset at the service received by funeral home Poppy Funerals following the death of her daughter ...

Michelle Bishop feels let down by funeral director who gave her Thin Lizzy for daughter's body and booked funeral at buffet restaurant.

Weather halts search

Kieran Lynch, left, who became a dad six weeks ago, is missing.

Missing fisherman Kieran Lynch's family remain hopeful he will be found.


Moorby's Top 5 this weekend

The Waikato Cherry Tree Festival will be held on September 23 and 24.

It's election weekend but there's an array of other events on if politics isn't your thing.

Library fix approved

Councillors approved $635,000 to earthquake strengthen the Hamilton Central Library. Another $87,000 will be used to add ...

Hamilton's central library will be brought up to earthquake standards.

Yes, we should fix Waterworld

Councillors unanimously approved the spending to replace failing parts of 40-year-old Waterworld.

Future of city's premier swimming facility secured despite a host of problems.

Fatal police shooting 'justified'

Michael Taylor was shot dead by police officers at a property off Waverly St near Paeroa on June 10, 2016.

Officer used fatal force because he believed machete-wielding man was about to kill.


The 'hero' in the beauty aisle

Shane White's training kicked into action as soon as he got to the man who collapsed in the beauty aisle.

Ian Foreman collapsed in a New Plymouth supermarket only for the produce manager to save his life.

Dud cheques land woman in dock

Writing a series of dud cheques has landed a  New Plymouth woman with 19 court convictions. (File Photo).

This woman wrote cheques she knew she couldn't cash.

Tight result predicted 

New Plymouth candiates
Clockwise from top left: Murray Chong (NZ First), Jonathan Young (National), Corie Haddock ...

Six New Plymouth electorate candidates still have more to do before they can relax

Frustrating build-up for cricket season

Tom Bruce will miss Taranaki's Chapple Cup tournament.

Cricket season rapidly approaching.


Another feather in artist's cap

13092017 Photo: MURRAY WILSON/STUFF		
Artist Joe Mcmenamin has worked with Lytton St School kids making a large, ...

Artist brightening up Manawatū streets with mural artwork.

One killed in crash

Ambulance leaving scene of a fatal crash on state highway 1 near Foxton.

Road reopened after state highway crash that killed one driver.

The perils of Government

From left, National candidate Adrienne Pierce, Money Free Party candidate Scott Andrew and Labour MP Iain Lees-Galloway ...

OPINION: National's candidate was ganged up on and faced tough questions.

Saddle Rd smoothed out

The Manawatu Gorge closed on April after several slips.

Motorists say the maintenance work on the Saddle Rd has improved its condition


Straight to the pointe

Gillian Francis takes a class of students at the Nelson Dance Academy.

Forty years of running one of Nelson's best known dance school has seen Gillian Francis teach thousands of boys and girls how to dance and perform.

School's Link fears


Sonya Hockley, Auckland Point School principal outside the Haven Rd ...

Auckland Point School principal worried the Southern Link will stop local kids attending.

'What's a candidate?' video

Birchwood School students from left Jacob 8, Talei 9, Mia 8, talk to Stuff about their thoughts on the election and politics.

They can't legally vote until 2029, but they still have strong views on the election.

Who are you voting for?

Who are you voting for?

How are you voting on Saturday? Have your say in our election poll.


Recycling in the bag

Pak 'n Save owner Mark Elkington with their new soft plastics recycling bin.

Millions of plastic bags destined for landfill can now be recycled.

When one door closes..

Business owners Holly Bonnington, right, and Kay Nicholls (centre) at the Sneaky Beach Cafe in Havelock.

The Sneaky Beach Cafe opened this week in Havelock, much to the excitement of locals.

Kaikōura candidates have their say

Tasman Makos rugby players from left Pari Pari Parkinson, Rupena Parkinson, Siua Halanukonuka and Viliami Lolohea vote ...

What is the best way to tackle the housing crisis in Marlborough?

Gold miners knocked back

Judge Pope, of Canvastown, is pleased the gold mine resource consent has been turned down.

Proposed mine in the heart of a historic gold rush town expected to make its US owners $7m a year is turned down.

South Canterbury

Men's health focus of campaign

Jonty Penney from Timaru is participating in the Distinguished Gentleman's Ride to raise funds for men,s health.

Two Timaru men are taking the health message on the road.

Flow-on concerns

David Hurst, from A J Engineering in Washdyke, is concerned about the impact of the water levy.

Businesses concerned about impact of Labour's water levy, spokesman says concerns unjustified.

New Mackenzie CEO

New Mackenzie council chief executive Suzette van

A current staff member will take on the top job at the Mackenzie District Council.

'He's a hero,' neighbour says

The remains of the Waipopo property on Wednesday afternoon.

Waipopo man who rescued wife from fire would have used 'every bit of strength'.


Tennis ace taking on players half his age

George Taylor plays a shot during the Southland Town vs Country match last season.

Sixty-two-year-old Southland tennis ace George Taylor will be up against players half his age at the Otago Indoor Open in Dunedin starting on Friday.

Search for missing man

Missing Dunedin man Stephen Lowe.

More than 30 ground searchers, three search dogs and an aerial search have failed to find any further sign of missing Dunedin man Stephen Lowe

Serial sea lion killer at large video

A sea lion found shot on a Catlins beach in Southland in April.

A serial killer may be targeting New Zealand sea lions, with a $5000 reward on offer in exchange for the culprit.

Fired while on sick leave

The Employment Relations Authority (ERA) has ordered Oamaru-based P&W Painters (PWP) to compensate former employee Paul ...

Company that unfairly fired brush hand while on sick leave also had to compensate an ex-staffer who was called a "baby killer".


Pound in clear

An animal group and the Invercargill City Council are at odds about how a dog was treated. (File photo)

Ministry for Primary Industries clears the Invercargill City Council over captive bolt use.

Crash on Tay St

Several police cars blocking the the Tay St-Queens Dr intersection after an accident involving a motor cycle in Invercargill.

Police have arrested a motorcyclist who failed to stop for Police and crashed into a car in Invercargill this morning.

Turei fronts to city students

Metiria Turei speaks to Aurora College students in Invercargill.

Even on the brink of a knife-edge election, Metiria Turei doesn't regret telling her benefit story.

Youth organisations make appeal

Sam Balloch was one of dozens of volunteers seeking signatures for a petition to keep Number 10 One Stop Shop and ...

Number 10 Youth One Stop Shop and the Invercargill Secondary Schools Network are gathering support for their petition to remain at their current location.

Ad Feedback