Mexico recently banned international surrogacy for gay couples. However, as the two surrogate mothers were already pregnant when the law came into effect, the Beards were told they would be able to return to New Zealand with their children.



The Beards have hired lawyer Margaret Casey to help untangle the legal quagmire they and their children are now in.



David, who is a lawyer, told stuff.co.nz that his experience should be a warning to others using international surrogacy agencies.



"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."

The New Zealand government is aware of the Beards' situation, and has provided advice to the couple.

"[International surrogacy cases] can be highly complicated, involving other countries' laws and procedures and involve a high degree of uncertainty," said Paula Attrill, director of international casework in the NZ Ministry of Social Development.

"The children are Mexican citizens. They require Mexican passports to travel. They also require exit visas from Mexico and cannot travel without a passport or the required visas."

"These matters can take some time to work through."

Attrill said that the Ministry of Social Development will be able to work with the Beards once they return to New Zealand and lodge an application to adopt the children through the NZ Family Court.

Grace Nixon, a friend of the family, has started a fundraising page in an attempt to help the new fathers through this crisis.