A gay couple is fighting for full custody of their daughter, who was born to a local surrogate in Thailand.
The Thai surrogate, Patidta Kusolsang, refuses to sign the necessary documents that would allow American Gordon Lake and his Spanish husband Manuel Santos to have full custody of their daughter, Carmen.
“We need two things to leave [Thailand],” Lake told NPR. “One thing would be [Carmen’s] passport. The second would be paperwork to get through immigration.”
It’s been reported that after Kusolsang handed over the baby to her new fathers, she had a change of heart, saying she was not aware that she was carrying a child for a same-sex couple.
“They are not natural parents in Thai society. They are same-sex, not like male and female that can take care of babies,” Kusolsang said.
Allegedly, Kusolsang misinterpreted the “English-only” contract that she’d originally been given, but advocates from the Bangkok-based surrogacy organization New Life say she was fully aware of her commitment from the contract’s signing.
The couple, who have spent over a year living in Thailand fighting for their right to take their baby girl home with them to Spain, have taken to Instagram to document their struggle and gain support.
Since welcoming Carmen into their family, Lake, Santos and their two-year-old son Álvaro have been forced to move apartments every month in fear that Carmen will be taken away.
Even though Lake is Carmen’s biological father and the egg came via an anonymous donor, which means that Kusolsang is in no way related to the young girl, Thai law states that the woman who gives birth to a child is considered its legal mother.
Thankfully, police and local officials have been sympathetic to the couple, permitting Carmen to stay with them while the legal situation works itself out.
In an interview with the Telegraph, Lake confided “We’re the people that wanted to have a child. We just want to go home and we just want to be a family. A normal boring family.”