A same-sex American-Spanish couple yesterday won a high-profile custody battle against a surrogate mother in Thailand who gave birth to their child, but then decided she wanted to keep the baby when she found out they were gay.
Bangkok’s Juvenile and Family Court ruled that the legal guardian of the child, named Carmen, is the girl’s US biological father, Gordon Lake, Lake’s attorney Rachapol Sirikulchit said.
“The court has granted legal custody of Carmen Lake to Gordon Lake, my client, and [said] that my client is her only guardian,” Rachapol said.
Lake and his partner, Spaniard Manuel Santos, both 41, have been stuck in Thailand since launching their legal battle after Carmen was born in January last year.
Santos emerged from the court smiling and with tears in his eyes.
“We won,” he told reporters. “We are really happy… This nightmare is going to end soon.”
“After 15 months, Carmen will fly to Spain,” where the couple lives, Santos said.
The case was seen as complicated by the fact that Thai law does not recognize same-sex marriages and also by a new law that bans commercial surrogacy, which took effect after Carmen’s birth.
When Carmen was born, Thai surrogate Patidta Kusolsang handed over the baby to Lake and Santos, who left the hospital with the infant.
They said Patidta then changed her mind and refused to sign the documents to allow Carmen to get a passport.
Lake is Carmen’s biological father, while the egg came from an anonymous donor.
Lake and Santos were told she had thought they were an “ordinary family and that she worried for Carmen’s upbringing,” according to a message Lake posted on a crowdfunding site that has raised US$36,000 to help cover the costs of the trial and staying in Thailand.
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