When she was a kid, she stabbed Neve McKinnell.
The Lewis case? Kaya's that wee girl?
I'm not Heather. No.
For those of us still living on Lewis, it's hard. It's very hard.
When Kaya ran away, did you or any of her colleagues talk to her mum?
That's the first person we contacted.
This isn't about exposing her or dredging up the past.
It's about getting her to come on the record to nail the people
who are trying to exploit her.
I need your permission to do a DNA test.
Something's not right.
She's not ours.
No genetic match with us, but no genetic match with Kaya?
How is that possible?
If it's no-one's, does that mean it's mine?
Legally, yeah.
I love that wee girl
and I'd like your permission to be part of her life.
It was all a mistake.
No child's a mistake.
It's going to be a new start.
*CREDITS*
She's blocked all our contact.
Six days now we've not seen the baby.
We're the only family she knows.
Before others kicked off, Kaya hadnae been within ten foot of her.
Legally, she is within her rights to allow or block
contact as she sees fit.
Kaya gave birth to Gracie so the default position
is that she is the baby's mum.
Well, surely a baby can't just default to somebody.
And if she's defaulting to anyone, it should be us!
We had a contract!
Kaya's pocketed £50,000
and I cannae get anywhere near my own daughter?!
Surrogacy agreements are not legally binding in this country.
People draw them up as a guide,
but you can't get a court to enforce one.
Look, I just want to see our wee girl. Is there nothing we can do?
There are all sorts of things that you can do.
- Ultimately, you can apply to adopt her. - Fantastic.
How do we get the ball rolling?
But that's not what I'd advise.
What I would advise is getting together with Kaya
and with a mediator, if necessary, and talk.
Try to sort this out face-to-face.
Nope.
That's a nonstarter. Nope.
This has all come on very quickly.
It might go away just as fast.
Hello.
Hello, baby.
You're so beautiful. Oh, you are.
You are so beautiful.
So that's you away, then?
But we'll be back to see you every day, won't we?
- Oh, we will. She's a better colour today. - She's had a good night.
- Didn't you, wee one? - Ohh.
"Less of the 'wee one', if you please."
Go on.
We've named her.
Oh...
Right.
Neve.
You cannae say I'm trying to bribe you.
I was always bringing sweeties in here.
Mostly for myself, to be fair.
Look, I know you can't let us in, but can you just tell us how she is?
I'm so sorry, I'm just not authorised to do that.
Without the birth mum's consent for visits
and sharing information, my hands are tied.
What if there's, like, a medical emergency or something?
So we just don't get told?
Listen, we have to go with what the hospital lawyers say.
I don't have any discretion around that at all.
Is everything OK?
Baby McDermott.
Gracie. Her name's Gracie.
Neve? Fuckin' Neve?
Obviously this was the plan all along.
She gets what? What's she up to now?
70k, is it? And the baby?
- Why would you want someone else's baby? - Well, why would WE?
Everything changes, though, doesn't it, once she gets here?
But we always knew that this might happen, OK?
We knew that she might wobble or change her mind. I just...
I don't know which this is. I don't know what's in her head.
I couldnae gie a fuck what's in her head!
Pushing the button on the legals.
- No, no, no, once it's broken, it's broken. - It's broken!
It's fuckin' broken!
We just need to follow the advice that we've been given!
We need to sort this out face-to-face.
If we declare war, then there's no way back.
You're scared of her.
- No, I'm not. It's not that. - Aye, you are.
She's powerless.
No judge in his right mind would give her a baby over us.
Let's pack up all her stuff from the house and get shot of it.
- Sheena Galvin, please. - No, don't do this.
Trust me. A fight is the only language this lassie understands.
It'll be lovely here, come the summer.
I won't be here that long.
This is just a short-term let till I get back on my feet.
- Then I'm going to buy something of my own. - Ah, very good.
James or no James, we've a weekly meeting.
Well, you haven't exactly covered yourselves in glory, have you?
So I can take it from here.
It's licence conditions.
Kaya knows that.
How are you feeling?
I'm going to build you up...
and by the time the wee one's ready to come home, she'll be grand.
So what do you want me to do? Sit tight? Do nothing?
I just don't think this is what Kaya really wants.
I mean, this was supposed to be something
life-changing for both of us.
Oh, aye, it's been life-changing, all right.
She wanted family, consistency.
This was supposed to be a partnership.
I just think if we can get back to the spirit in which
we entered into this...
The spirit in which we entered into this was fraud, darling.
Fraud on her part and utter naivety on ours.
There was a relationship there, it was real. I just...
I don't think this needs to end up in court.
Tatties mashed with cream, not butter, am I right?
Mum...
Why did you stop coming to see me?
Oh...
You'd be in, like, every week for two years
and then you just...stopped.
What did I do?
No, it wasn't you. Far from it.
There was this.
The MS.
I got the diagnosis and I just...
..I just went to pieces.
Doctor said maybe it was the stress.
I wish I'd been stronger.
And then you did that thing on telly.
Yeah.
Yeah, they told me it would help people.
Other mothers who'd been through what I'd been through.
It was anonymous, Kaya. I was in shadow.
Look, I haven't been the best mother.
I haven't even been a good enough mother.
Is that what they say?
But I'm here.
_
Were you expecting someone?
No.
Kaya McDermott?
Sign here.
Go on, sign for it.
Oh, that's predictable, isn't it?
What?
Dan and Emily have got a set of awfy toffee lawyers
and they're going after Neve,
then they want permanent residence with a view to adopting her.
Well, they can whistle.
McGillivray, Galvin and Black.
- I wonder who's going to win. - Oh, no.
No, this is your right, as a mother.
You gave birth to that child.
Look at the state of you.
You've been let down by everyone, by the Dochertys,
by that shower of workers who saw you into this in the first place.
Well, not this time.
Well, what are we going to do?
You just stick with me, OK?
All you need to do is trust me.
Where are we going?
We're nearly there.
Can we not get a bus or something?
We'll have a cup of tea when we get there.
Here. In here.
Kaya!
Open the door to me!
You haven't even given me a chance!
You have told a journalist where I am!
That is me fucked now! I am fucked!
She's from Lewis!
You were at the same Brownies.
Journalists are after one thing, they want one story.
Scotland's Mary Bell, where is she now?
Public enemy number one.
Not this journalist.
I know what she's after.
It's not that.
Trust me, Kaya.
If she was, I wouldn't let her through the door.
I remember how it all went down.
This...bloodlust for a wee girl.
But I'm not interested in Heather Gordon.
I never have been.
It's Dan Docherty I'm interested in.
How he made his money and now how he's trying to spend it.
He's Teflon - nothing ever sticks.
But this, you.
This is different.
Why is that not gone?
I just want to write a note or something.
You can't have a relationship like this and then just dump her stuff.
Cut the cord, Emily, OK?
The relationship in your mind never existed.
She didnae give two shites about us.
There was nothing ever there but lies.
You've been exploited. Criminally exploited.
This man, this couple, has caused you a great deal of physical
and mental damage.
Now they're trying to deprive you of a baby that grew inside you.
You won't be named, obviously.
There'll be no reference to your past whatsoever.
Let's go back to the beginning.
Well, that says it all.
Mm?
Get up.
What is it?
Open your e-mails.
Haud on.
_
Kaya's gone to the press.
- What can we do? - Nothing!
The other outlets have got it already.
We could go for breach of privacy, that would stop them
publishing anything else, but what's out there's out there.
What's Gregor doing? Why has he allowed this?!
Cos he's done a calculation
and the value of this story exceeds the value of your friendship.
But there's something else.
The business has come up, too.
_
There's nae corroboration tae it.
There's no' a shred of evidence.
But the deal wi' Kaya?
There's nae denying that cos she's gone on record.
This is fuckin' Waterloo the day, son.
You better wake up Emily.
We're waking up to a strange story this morning.
- One of Glasgow's richest businessmen... - It has been alleged
that Dan Docherty and his wife paid upwards of £50,000 to the girl,
despite the law stating that surrogates
are only entitled to reasonable expenses...
Should you be allowed to pay someone to have a baby for you?
The phones are open now.
Naw, it's a disgrace. That's how it is - everything's for sale.
Women have the right to do whatever they want
to do with their bodies,
- and it's the patriarchy that... - Do me a favour!
It's the patriarchy that prevents
female labour from being monetised.
What's not getting mentioned here is the baby.
I don't hear a thing about the baby in all of this.
There'll be a march through George Square on Saturday,
protesting the Docherty Group's low wages.
This is all part of the same problem - extreme wealth inequality.
The self-made businessman, who comes from a humble background,
has been seen as an inspiration to many...
Hiya, I've come into work for a couple of hours.
I think you've gone for a run. Can you take the dog next time?
People are looking at me like I don't work here any more.
You as well? What's wrong?
- Emily... - What?
Oh, for fuck's sake, what's going on?
The girl, who cannot be named, spoke of being wooed
by Docherty and his wife until she
agreed to carry a baby for them.
"I don't believe they're fit to be parents," she said.
Not a peep... not about Heather Gordon,
not a peep about the past.
Come on.
Nobody after you, nobody bothered.
HELLO-O-O?!
There is a public enemy number one,
but it's sure as hell not you.
You stick with me.
Just cava, not champagne. Not yet.
But a source close to the family
has revealed that the original finance for its property
and leisure empire...
Did you see it?
It was inevitable.
Which bit?
The bit that Dan would get his comeuppance or...
..that you would be the one to dish it out?
I don't know what you're talking about.
His business.
I know you're the source.
I know you are! You were there at the start.
You knew what he had to do that first year to get things going
and you would do anything at this point to fuck him over.
Can you stand aside, please? I'm going to be late for work.
Do you feel powerful now?
Powerful?
That's something I can't say I've ever felt.
Not for an hour, not even for a minute.
You have destroyed him.
He's indestructible.
His PR team are probably spinning gold out of this now.
Not his business.
His marriage.
Well, that makes us even.
Yeah...
Told you!
I told you if we go nuclear, this is what she does.
And now there's a whole pile-on, all that drugs crap.
It's not crap.
The stuff about the start of the business.
It's true.
For the first year, I took cash off one of the Nichol brothers
and washed it through the pub.
Put a couple of his sons on the payroll. They got paid legit.
I held on to the rest.
That's what kept me in business.
That's what got me the deposit for the next place.
After that, I was clean.
I sold the pub. There was no more dirty money through the till.
That was the end of it.
No, you...you told me how you started.
You said you were washing glasses and then you worked your way up.
That's what folk like you want to believe happened to folk like me.
But it's garbage.
See, this is a social mobility.
Where I'm from, when you've got the background I've got,
who's going to lend me money to start up, eh?
A bank? Catch a wee loan off my dad?
No, you would never do that, you would never do that.
But I did, all right?
I did it for a year because I had to.
And I'm telling you cos it's the truth
and I don't want there to be any more lies between us.
Look, I'm not proud of it!
But I'm not ashamed of it.
No. It was the only way.
- No. - Emily!
You know what happened to me with Olivia. What I did.
If you've kept all that for me, if we've profited from drugs,
I-I can't...
You know, when you want something, it's always, "It was meant to be."
"It was meant to be," like you're the princess in a story
and all the forces of the universe
are going to come right for you in the end.
Excuse me?
"It was meant to be" is just another way of saying,
"I want that. I deserve that."
You know, me, Kaya, there's no magic at work there.
There's a narrow range of shite realities
and if we want something different, we need to go after it ourselves,
by any means necessary, and that means doing things
you don't want to do.
Have you finished?
Mum?
I'm going to see the baby.
Hey.
Are you coming with me?
Oh, my God.
Mum! Mum!
Someone's left shit on the...
Someone knows where we are!
In the aftermath of the Docherty scandal,
businesses belonging to the Docherty Group have been targeted.
Police Scotland say they are investigating
a break-in at the group's flagship restaurant,
while staff have staged a walk-out at ten other sites.
When approached, no-one at the Docherty Group
was available for comment...
You need to take control of this.
You can't just sit here and let it all burn.
Dan!
You will lose everything.
It's all over the internet - who I am, where I live,
it's on Twitter, on forums...
- Well, it wasn't Eleanor. - That's the first thing I checked,
though I didn't need to, because I knew it wasn't her.
Doing anything that attracts publicity makes discovery
more likely and a whole carry-on like this puts Kaya at risk.
"Carry-on"? Who do you think you're speaking to?
Come on, love, let's go.
Yep, let's go.
Where are we?
Listen, we've got a protocol for
this happening, we always have had.
You're going to be safe here.
This is a midden.
What matters is Kaya's safe.
She's got money, she can put us somewhere far nicer.
How far away are we? How are we going to visit the baby?
No' far. We're in Motherwell.
But visiting the baby will need some thought,
as there's been paps there for a few days now.
That's what I wanted to talk to you about.
The local authority have got involved.
Well, what does that mean?
It means that it's no longer just between you
and the Dochertys, what happens to this wee girl.
There's going to have to be a case conference
and a hearing, whereupon she might
be discharged to you or to them...
..or there's a third option.
What, a third option?
A foster family...until it's established who can offer safe care.
Care? They're going to take her into care?
Let's just take this one day at a time, OK?
You need a night's sleep. I'll be back tomorrow.
Sleep.
They never want you to have anything.
Never want you to exercise control over your own life.
We don't have to stay in Glasgow.
We can go anywhere.
The baby might get taken into care now. Did you hear that?
Better than it going to those two.
Why are you here?
Why do you think I'm here? To help you, to help you help her.
Sorry, how can I help her?
She can't be safe with me because, through this publicity,
I've been found.
We'll be fine as soon as we get out of this dump.
You've got me. I'll protect you.
But you didn't.
You never have.
Excuse me?
You know what happened.
Don't you dare.
Auntie Neve took Angus off you.
Siobhan, please... I hate you!
They were having a baby.
They were starting a new life together.
You went after her.
Get up the stairs.
- It's OK, just... - GO UPSTAIRS!
No, Heather's my little girl!
If I hadn't taken the knife...
If you hadn't taken the knife, I'd still have a sister
and I'd still have my health.
Please, just...!
I took it off of you!
Mum, stop!
Please, Siobhan, for God's sake!
I got in the middle, but II didn't mean to do it.
What were they doing with you all those years in secure, eh?
Are they not meant to help you take responsibility,
come to terms with your crime?
They did.
They helped me understand that
I was a kid and that it was an accident.
They helped me understand that I was protecting you.
Oh, don't you dare!
You've never helped me.
You didn't tell them you had the knife first,
or that you and Neve were fighting.
You killed her. YOU!
Not me. You!
I was 11.
Oh, I know, and it was a national scandal because no-one,
no-one could believe that a wee girl of that age
was capable of such evil.
Yeah, that's what I thought for years,
because that's what you told me.
Cos, see, when a mum tells you that's what you are,
even a mum as shit as you...
Ohh...
..you believe it.
But it's not true.
I want you to leave.
Ahhh, what, what?
You can do this on your own?
Do you think any social worker, any judge,
any children's panel would let you anywhere near that baby?
Go!
Argh! No...
More fool me.
I should've sold my story
without so much as putting my head round your door.
Ha! Is it money you want?
Well, here's money.
You owe me. You owe me my health.
My looks. You owe me everything.
You'll never escape what you did.
There's no forgiveness for you.
No peace, Kaya McDermott.
No.
You're Heather Gordon.
Is Siobhan away?
I've a taxi waiting.
Shall we go and see the wee one?
I've arranged for us to go in the back,
just in case there's anyone hanging around.
Hey.
It's just you and me.
Hi.
I didn't realise I'd left the door open.
I've got keys, remember?
To look after the dog, mind the house.
Listen, I'm sure you're here on behalf of Dan,
but I'm just trying to do what's best for everyone.
You're always very sure about what's right, aren't you?
In any given situation.
This madness has turned all of our lives upside down.
But still, you get to emerge the principled one.
What happened with your friend was tragic.
A bad reaction to a bad pill. You were fine, she wasn't.
That is a tragic accident.
But you have made it into the dominant story of your life.
It's a crutch.
And it lets you away with anything.
No. Don't, you don't understand.
Understand?
I was prepared to carry a child for you, Emily,
that's how much I don't understand.
Or care about your suffering.
My brother loves you.
More than life.
You are what matters to him in this world... not any of this, you.
And you will win against Kaya, of course you will.
But not because it was meant to be,
not because it was written in the stars that you should get to be
a mother, you will win because she has got no chance.
She has no-one and nothing,
which is what made her a candidate for all of this in the first place.
But know this, Emily, you are no-one's saviour.
Not Kaya's, not the baby's.
You are just a person with desires, like everyone else.
And you have been ruthless in going after what you want.
I'm not in the business of "I told you so",
but as I advised when you first came to see me,
keeping the relationship with Kaya civil
and agreeing an outcome is obviously better for
the child than the kind of public war that's broken out since.
We've gone for breach of privacy,
so there won't be any more coverage,
but given all the publicity
that's erupted around the case,
the local authority has some concerns.
Wh-what does that mean?
This is no longer a straight tug-of-love
between you and Kaya, Emily.
It means that they see a risk of significant harm to this
child in view of what has gone on.
It may be that the local authority decides that the best person
to meet the baby's needs is a third party.
A third party?
Care?
Oh.
No, no, I understand.
This is a case conference convened in respect of Neve McDermott.
She was born at 25 weeks to a surrogate, Kaya McDermott.
The intended parents were Dan and Emily Docherty.
The relationship has since broken down publicly and acrimoniously
and we, as a local authority, have real concerns about which
of the parties, if either, can serve the best interests of the child.
Despite her prematurity, the baby's done really well.
And if she continues to do so,
we expect that she'll be ready for
discharge in the next 2 to 3 weeks.
From a police protection point of view, I'd say if there's
a continued risk of Kaya's identity being exposed,
obviously, it's not going to be a safe environment for the baby.
Has there been anything further?
No, not as yet. But a lot depends on decisions yet to be made -
where is she going to live -
whether her identity is permanently compromised.
What about the Dochertys?
Fundamentally, the issue is how this whole arrangement came about.
The question of exploitation.
Dan Docherty is a well-known face in Glasgow -
if this baby stays with them, then this child's history is laid
bare for all to see because of the publicity.
Which begs the question, in the longer term, is it in the child's
best interest to have a clean slate and a fresh start?
I think we know from practice that kids don't really do clean slates.
People's stories are their stories.
It's incredibly important to children that they
come from somewhere, and this baby came from Kaya.
She grew in Kaya. She has had skin to skin with Kaya.
And given that she doesn't know nor is likely ever to know
her real genetic identity,
Kaya is the closest blood relative that she is going to get.
I do believe, with support,
she could provide a safe environment and if we don't give her that
chance, are we not just repeating the mistakes of the past?
Social engineering.
Handing the babies of poor girls over to middle-class couples.
How did you know I was here?
Hilary.
She'll get a good family anyway.
You know how many folks are desperate for a newborn.
Cannae get them for love nor money.
All the professionals see is people warring over a bairn
and it's disgusting.
It's no wonder they're looking at us and thinking,
"None of yous is deserving."
What if we stopped?
- How do you mean? - What if we supported each other?
Got round the table?
Maybe there was a time for that.
When we could have sat with Kaya and agreed something.
Or maybe because of the money, there never could be.
Because of who she is and who we are, it would only ever be
an exercise in power. In persuasion. I don't know.
What I do definitely know is that it can't possibly be in that
baby's best interests to overthrow the person who carried her.
And if we win, that's what we'll have done.
If we lose, that could mean her going into care.
That cannae happen.
That just cannae happen.
I get it. Support Kaya to support her, I get it.
What am I supposed to do with the fact that she still
feels like my daughter?
We were a family before this. You and me. Whatever you thought.
That's what we were.
What are we now?
Kaya, we're withdrawing.
We'd like for the baby to stay with you.
And we'll support you, financially, practically,
any way that we can.
But we won't be hovering over you or trying to exercise any
rights over the baby.
We're here for you, but, erm, you call us, we won't call you.
You can move away or do whatever you need to do to feel safe...
..make the best life that you can.
And I know that you can.
Right, she's ready for you.
Come on.
You've been waiting on her, haven't you? Yeah.
I'll just let you have a wee cuddle.
It'll be a long road, but I've got every confidence in her.
I've seen birth mums overcome the odds
in far more precarious situations.
Can you take her?
- OK? - Sorry.
What's wrong?
I don't know what to do.
I never went into this to have a wean, Janis.
Never.
I never looked at lassies my age with weans
and thought, "I want that."
I look at them and I think, "Get tied."
I want a life.
I want to put the past behind me and
live and build something for myself.
I want to do better than just having a kid for company
and dishing out the exact same life.
I want to be...a businesswoman.
I want to go on planes.
I want one of those wee steel pull-along cases.
I don't know what the fuck I want, but I want things.
And I know I don't want this.
But...
I can't abandon her either.
I cannae let her go into care, no way.
That's not your sole responsibility.
It is.
Cos I destroyed them.
By going to the papers, I wrecked them.
Must've done.
Cos if they thought they stood a chance,
why would they offer her to me?
You need to sleep on it, Kaya.
You need to take time and be sure this is really how you feel.
I don't need time.
I know.
You think that's the phone call you're living for.
And then it comes and all that's in your head is, can I do this?
Can we do this?
Look at the state of us now, Emily.
All I want is what's best for that wee girl.
And I look at us and I think, are yous what's best for her?
Are yous the best that she can do?
I don't think anyone could do better than you.
I've fucked the business, Emily.
It doesn't matter.
We could lose the house. We could lose everything.
It doesn't matter.
We could lose her.
Fight for her and then not be allowed to care for her.
There's no guarantees. With any of it, with anything.
There's one.
I persuaded him.
I manipulated him.
I threatened him.
I think I just couldn't see beyond my own needs.
My father was a violent alcoholic.
He beat my mum, he beat me and my sister.
And I've made it my life's work not to be anything like him.
I wanted it to be fair
and I imagined it could be made fair with...
..love...
..or money, or some combination.
Everything. We owe this wee girl everything.
We made her, genetic or not.
And I felt she was my daughter from the minute I laid eyes on her.
What kind of mother?
An anxious one, an overbearing one,
but one who will always tell her the truth.
Good enough?
Hm...
All we want to do is love her.
- _ - A wealthy couple.
A vulnerable 19-year-old girl.
The inequality in bargaining power,
the potential for exploitation, could hardly be more obvious.
In this country, a surrogate may be paid "reasonable expenses",
but such a loose definition can be,
as it has been here, stretched to breaking point.
Dan and Emily Docherty didn't do anything strictly illegal.
However, neither does what they did sit at all comfortably with
the right-thinking person.
The haste with which they entered into the arrangement further
paints a picture of self-serving recklessness that is
incompatible with responsible parenting,
and if the law required me
to make a decision in the interests
of public policy, to discourage other couples
from behaving in a similar way, then undoubtedly,
it would be my duty to prevent them from caring for this baby.
However, that is not what the law requires.
What it demands is a decision that focuses
solely on the needs of the child.
In that regard, I believe that the facts are clear.
Dan and Emily Docherty love this child
and are in a position to care for her.
There is no-one else who knows her and who is in a position to do so.
To deny her a suitable home in order to punish the two of them
cannot be right.
What has been most persuasive is Kaya's support for them
and the ongoing relationship between the parties.
I therefore order that Neve can be discharged today into the care of
Dan and Emily Docherty with ongoing and continuous review by services.
Oh, OK.
It's my job to piss on your chips,
so let me just get this over with quickly.
You've been granted a residence order - it is not an adoption.
It is not permanent. It's a "you can have her for now".
- This is the start, not the finish. - Thank you.
Well, we're going to collect her later.
They said we can take her home.
Do you want to come with us? Or you could come over later.
No, not today.
I'm going to look at flats.
OK.
Kaya, erm,
thank you.
She forgives you.
*CREDITS*