Gay couple wins custody of "Baby Carmen" in Thailand

[Gaybutton]

Gay couple wins Baby Carmen custody suit against surrogate

26 Apr 2016

A same-sex American-Spanish couple on Tuesday won their high-profile custody battle against a surrogate mother 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 American biological father, Gordon Lake, said Mr Lake's attorney Rachapol Sirikulchit.

"The court has granted legal custody of Carmen Lake to Gordon Lake, my client, and (said) that my client is her only guardian," Mr 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 2015.

Mr 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, Mr Santos said.

Not home yet

In fact, Mr Rachapol said, the couple would not be able to take Carmen out of the country right away pending the possibility of an appeal by the surrogate mother, Patidta Kusolsang. She was not in court and her intentions could not immediately be learned.

Mr Lake and Mr Santos celebrated their legal victory on the Bringcarmenhome Facebook page set up to support their custody fight.

"There is no way to express with words what we are feeling!" 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."

"Today is a huge day for love, for family and for truth. And it is also a big day for LGBT rights," said their posting, referring to lesbian, gay, bisexual, and transgender rights.

Their case was complicated by the fact that the law does not recognise same-sex marriages and also by a new law that bans commercial surrogacy, which took effect after baby Carmen's birth.

When Carmen was born, Ms Patidta handed over the baby to Mr Lake and Mr Santos, who left the hospital with the infant. But they say Ms Patidta then changed her mind and refused to sign the documents to allow Carmen to get a passport so they could leave Thailand.

Mr Lake and Mr Santos were told she had thought they were an "ordinary family and that she worried for Carmen's upbringing", according to a message Mr Lake posted on a crowd-funding site that has raised US$36,000 to help cover the costs of the trial and staying in Thailand.

Mr Lake has said he doesn't know why the surrogate says she didn't know he was gay. He says he was clear about that from the start with their surrogacy agency, called New Life, which has branches in several countries.

The Bangkok-based New Life office has closed since commercial surrogacy was outlawed in July 2015, following several high-profile scandals. There was a grace period provided for parents whose babies were already on the way, and Mr Lake had hoped the judge would be sympathetic to them, which he was.

http://www.bangkokpost.com/news/general ... -surrogate
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Victory for gay dads

by Kesinee Tangkhiao

The Nation
April 27, 2016

Court gives custody of baby carmen to biological father

The baby girl at the centre of the Bring Carmen Home Campaign has legally been put under the care of her biological father, a gay foreigner who made touching efforts over the past 15 months to keep her with him.

Recognising his love and care for the girl, the Central Juvenile and Family Court yesterday awarded sole custody of the 15-month-old baby to Gordon Lake.

The court also took into account the fact that the girl's Thai surrogate mother had not objected to Lake's request for sole custody during court hearings.

Lake fathered Carmen through surrogacy services, with Patidta Kusolsang paid to serve as surrogate mother. The egg came from another woman.

Lake is legally married to a Spanish man, Manuel Santos.

"Lake has taken care of the girl since her birth, with love," the court said, "He is gay. But his homosexuality is not an obstacle in raising the girl up amid happiness and warmth".

The court did not order shared custody because Patidta lives in Thailand, while Lake plans to take Carmen to Spain, where his family has lived.

Santos has fathered one son via surrogacy services in India.

The court said yesterday that for Carmen's utmost benefit, sole custody should be granted to Lake.

Although the law protecting children born via reproductive technology assistance now bans surrogacy services for gay couples, the court formed its ruling based on the fact Carmen was born before the law took effect last year.

Santos shred tears of happiness upon hearing the court verdict. "I would like to thank the court and all Thais. I am glad we have won," he said. He wore a white T-shirt emblazon with the words: "Finally, Love Won. Thank You Thailand @twogaypapas #Bringcarmenhome".

Rachapol Sirikulchit, lawyer for the gay couple, said from now on, further action would be taken to ensure that Carmen can live smoothly with her family.

Lake was not present at the court yesterday when the verdict was read, as he is currently overseas. But he is due to fly back shortly.

Since Carmen was born, the foreign couple has remained in Thailand as they refused to leave their daughter behind.

Lake said he had been unable to take Carmen back to his home in Spain because Patidta refused to sign papers needed for the trip.

The two Spaniards launched a 'Bring Carmen Home' campaign and won much public support. The campaign's Facebook page has had more than 120,000 'likes'.

The page was flooded with notes of congratulations yesterday.

One comment said: "I am so glad I almost cried. I am not your relative. But I am so glad and so happy for you…The nightmare has ended for you, papas. May your family enjoy happiness and all the good things from now on."

Patidta was also not present in the court yesterday.

An informed source said she was likely to appeal but would need time to study the verdict first.

http://www.nationmultimedia.com/nationa ... 84787.html

[jason105]

Good news.
Hopefully they will be able to take their baby home and raise her in a loving home.
Every now and then the "good guys" win!