Legal gray area: Visitation battle over child with no biological parents
BATON ROUGE - There are no Louisiana laws on the books for a situation like this. It involves two unmarried adults who had a child through a donated embryo.
At the center of the case is a young boy who has no biological relation to either adult involved. The woman, Krystle Lowe, says she has full custody of the boy. The man, Jeremy Baker, says he's been granted visitation by a judge and will stop at nothing to see his son.
The last time Baker saw 3 1/2-year-old Tripp was on October 12, 2025. He had no idea that would be the last time.
"I'm not going to stop; I want to see my son," said Baker.
It's all he can think about. But because this situation is different from others, it hasn't been easy.
Lowe is a mom of four. Baker and Lowe met years ago and were in a relationship for a long time. They have no biological children together.
"We kind of had a conversation about trying to have kids," said Baker.
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They tried IVF and had a miscarriage in 2017. They went to the Texas Fertility Center in San Antonio and signed documents together to obtain a donated embryo.
"I am his mom, I birthed him, I grew him in my stomach," said Lowe.
That embryo became Tripp.
"There's really no laws written for a situation like this," said Baker's attorney, Brett Bajon.
Bajon says that because the child has no biological relation to either parent, it makes this case very different.
"There's nothing in particular written in the law for Mr. Baker to be able to be a parent like this was intended and contracted to be, but there are avenues to get visitation, and that's what he's ultimately seeking," said Bajon.
A few months after Tripp was born, Baker and Lowe split, but Baker says he remained in Tripp's life.
"I read him books at night," he said.
Baker started dating other people. He says that's when things changed.
"I went from being the best dad in the world to the worst person in the world," said Baker.
A custody battle began. Lowe won a paternity case last year, giving her sole custody by default. After she received the judgment, she moved out of state. But Baker filed in another court, and a Baton Rouge judge has granted Baker visitation.
"I go to my spot where we're supposed to meet at the police station, and she doesn't show up," said Baker.
"This man has no jurisdiction over my child; this judge has no jurisdiction over me," said Lowe.
Lowe is fearful of losing her child.
"We had a final judgment as of October 15 of last year that said that the opposing party, Mr. Baker, had no right of action for the child," said Lowe's attorney Liz Fox.
Even though there's work to be done at the state level for a case like this, both adults say they'll continue the legal battle.
"I'm not giving up, that's my son, I will not give up," said Baker.
"It's just not right what's happening to my child. I will continue to fight because my child should not have to be taken away from me and my family," said Lowe.
A hearing is scheduled in the 19th JDC for Tuesday morning.