Gay couple sue for custody of baby girl
Print Edition
AN American-Spanish same-sex couple opened a high-profile custody battle in Thailand yesterday for a baby girl born to a surrogate mother, who decided she wanted to keep the child when she found out they were gay.
The case is 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 baby Carmen’s birth.
The couple — American Gordon Lake and Spaniard Manuel Santos, both 41 — have been stuck in Thailand since launching their legal battle after Carmen was born in January 2015.
“It’s the day we’ve been waiting for for a long, long time,” Lake said outside Bangkok’s Juvenile and Family Court. “The court should give us custody of Carmen because it’s the right thing to do.”
Lake is the biological father of baby Carmen, who is now 14 months old, while the egg came from an anonymous donor, not the Thai surrogate, Patidta Kusolsang.
When Carmen was born, Patidta handed over the baby to Lake and Santos, who left the hospital with the infant. But they say Patidta then changed her mind and refused to sign the documents to allow Carmen to get a passport so they could leave Thailand.
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