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ลำดับตอนที่ #104 : Gay couple win custody battle against Thai surrogate mother
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.
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.
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
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.
Surrogacy
is unlawful in
Spain.
something that replaces or is used instead of something else
a woman who has a baby for
another person who is unable to
become pregnant or have a baby
commercial
surrogacy ​แม่อุ้มบุ
surrogacy (n.)
the action of a woman
having a baby for another
woman who is unable to do so
herself
subsequently (Adj.)
happening after
something else:
donor (n.)
a person who
gives some of their blood or
a part of theirbody to
help someone
who is ill:
a person who
gives money or goods to
an organization:
legislation (n.)
a
law or
set of laws suggested by
a government and
made official by
a parliament:
tout (v.)
to
advertise, talk about,
or praise something
or someone repeatedly, especially as
a way of encouraging people to
like, accept, or buy something:
to repeatedly try to persuade people to buy yourgoods or services:
unlawful (Adj.)
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