A Spanish-American couple have won a custody battle against Thai surrogate who decided she wanted to keep the baby upon finding out they were gay.
Bangkok’s Juvenile and Family Court ruled that Gordon Lake, the child’s biological father, is the legal guardian of the girl, named Carmen. The egg came from an anonymous donor, reports The Guardian.
Lake and Spanish partner Manuel Santos have been stranded in Thailand since Carmen’s birth in January of last year. Surrogacy was outlawed in Thailand in July, 2015 following several high-profile scandals.
Problems between the couple and the surrogate, Patidta Kusolsang, arose shortly after Carmen was born. After handing the baby over to the couple Patidta discovered they were gay and refused to sign official documents necessary for securing a passport for the child, reportedly saying she “worried for Carmen’s upbringing.”
Lake and Santos said that they were unsure as to why Kusolsang was unaware of their sexuality, as they were clear about that from the outset with their surrogacy agency, New Life.
“We won,” a tearful Santos told reporters outside the court. “We are really happy. … This nightmare is going to end soon.”
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