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Gay couple win custody battle against Thai surrogate mother | Gay couple win custody battle against Thai surrogate mother |
(35 minutes later) | |
A same-sex American-Spanish couple have won a high-profile custody battle over a baby born through a Thai surrogate mother who wanted to keep the child after she found out they were gay. | A same-sex American-Spanish couple have won a high-profile custody battle over a baby born through a Thai surrogate mother who wanted to keep the child after she found out they were gay. |
Bangkok's Family Court ruled the legal guardian of the child is Gordon Lake, her biological father from the US. | |
The child was born before a Thai ban on commercial surrogacy was imposed. | The child was born before a Thai ban on commercial surrogacy was imposed. |
Correspondents say that the case was complicated by the fact that Thai law does not recognise same-sex marriages. | Correspondents say that the case was complicated by the fact that Thai law does not recognise same-sex marriages. |
"The court has granted legal custody of [the child] Carmen Lake to Gordon Lake, my client, and [said] that my client is her only guardian," Mr Lake's lawyer Rachapol Sirikulchit said. | "The court has granted legal custody of [the child] Carmen Lake to Gordon Lake, my client, and [said] that my client is her only guardian," Mr Lake's lawyer Rachapol Sirikulchit said. |
Mr Lake and his partner, Spaniard Manuel Santos, both 41, have been in Thailand since beginning their legal battle over Carmen since she was born in January 2015. | Mr Lake and his partner, Spaniard Manuel Santos, both 41, have been in Thailand since beginning their legal battle over Carmen since she was born in January 2015. |
Thailand's crackdown on 'wombs for rent' | |
Thailand bans foreigner surrogacy | |
Mr Santos emerged from the court smiling and tearful. | |
"We won," he told journalists. "We are really happy... This nightmare is going to end soon." | |
He said Carmen would now fly to Spain, where the couple live. | |
When the child was born, Thai surrogate Patidta Kusolsang handed her over to Mr Lake and Mr Santos, who left the hospital with her in their arms. | |
But they say Ms Kusolsang subsequently changed her mind and refused to sign documents allowing Carmen to get a passport so that she could leave Thailand. | |
While Mr Lake is Carmen's biological father, the egg came from an anonymous donor - not the surrogate mother. | |
Mr Lake and Mr Santos were informed that Ms Kusolsang had assumed the child was being looked after by an "ordinary family" and that she worried about the child's upbringing. | |
Mr Lake began a crowdfunding website that has raised about $36,000 to help cover the costs of the trial and staying in Thailand. | |
Thailand in February 2015 banned foreigners from paying Thai women to be surrogates, after two high-profile cases sparked debate in 2014. | |
The legislation also bans the use of agents, or any promotion of women willing to carry babies for others. | |
Under the new law, only married Thai couples or couples with one Thai partner who have been married at least three years can seek surrogacy, and commercial surrogacy is banned. | |
Anyone caught hiring a surrogate mother faces a maximum jail sentence of 10 years. | |
Agents touting surrogate mothers would also face imprisonment if caught. |