A same-sex American-Spanish couple has won a custody battle against a surrogate mother in Thailand. The case details that the woman decided not to give her child after finding out that the couple were gay.
According to Daily Mail, Bangkok's Juvenile and Family Court decided that the 15-month old baby's guardian is her American biological father, Gordon Lake. Lake's lawyer said "The court has granted legal custody of Carmen Lake to Gordon Lake, my client, and (said) that my client is her only guardian."
Lake and his partner, Spaniard Manuel Santos, have stayed in Thailand ever since the legal battle for Carmen ensued on January 2015. Santos wasn't able to hide his emotions as he was seen smiling and teary emerging from the court. "We won. We are really happy. This nightmare is going to end soon," Santos stated.
ABC News reported that though this is a big win, the couple cannot bring the baby out of the country yet. The couple celebrated through their Facebook page 'Bringcarmenhome' wherein they posted "We are crying, our family is crying, our friends are crying, and we are sure all the Thai people who showed their love for us during this time are crying too."
The case is known to have been complicated as the Thai law does not recognize same-sex marriages. A new law that bans commercial surrogacy was also only implemented right after Carmen's birth.
Yahoo published that when Carmen was born, Patidta Kusolsang, the surrogate mother, handed the baby over the couple, but she later changed her mind and refused to sign the documents that could allow Carmen to get a passport to Spain. Lake, who is from New Jersey, is the biological father of Carmen while the egg came from an anonymous donor.
Lake said that he doesn't know why Patidta didn't realize that they were gay even though he cleared it through the surrogacy agency. The couple will then go back to Valencia, Spain where they will be living but promised to go back in Thailand.
