RAWALPINDI - A surrogate mother won the battle custody for her daughter after the father disowned the child as his daughter.

Lahore High Court (LHC) Rawalpindi bench on Tuesday dismissed the petition of Farooq Siddiqui after he said he was not father of Fatima Siddiqui, a child born through the producer of artificial insemination.

Justice Ijaz Ahmed in his judgment observed, “The law of land does not recognise the surrogating and in the present case the petitioner has failed to prove that the mother of the girl was surrogated”.

The court also handed over the custody of Fatima Siddiqui to her mother Farzana Naheed, who is said to be the surrogate mother.

The judge, in his order, said that the petitioner Farooq Siddiqui could not prove that the 7-year-old girl was born through artificial insemination in February 2005.

Further, Siddiqui disowned the child saying he never knot his tie with Farzana as the name of her husband in Nikahnama was mentioned as Farooq only.

The court observed that petitioner also failed to establish that Farzan was not real mother of the girl and only nourished the child from eggs of another woman inserted through test tube.

Justice Ijaz maintained that petitioner also failed to produce the man who donated the semen for artificial insemination and if the fatherhood of the girl was not determined, her custody could not be given to any stranger.

Farooq Siddiqui, an American national, earlier in his application for custody with Family Court and Additional District and Session Judge (ADSJ) had maintained that he contracted wedlock with Farzana under an agreement and paid her handsome amount to bore the child.

He added that after giving birth to the child in 2005, Farzana took away the girl from him after getting the agreed money.

He filed the custody petition with the LHC that was also dismissed.

Siddiqui also filed a petition with family court in Rawalpindi that was dismissed in 2011 and his appeal with ADSJ was also rejected in May 2012.

In his fresh petition Siddiqui filed with LHC Rawalpindi bench, he sought the custody of Fatima solely on financial grounds, saying he was rich and could take better care for the child as her mother belonged to a poor family and could not grow her properly.