Same-sex couple win custody battle against Thai surrogate mother

Manuel Santos leaves the court in Bangkok after winning the legal battle. Credit: Reuters

A same-sex couple have won a high-profile custody battle against a Thai surrogate mother, who changed her mind about giving the couple their child.

Gordon Lake and Manuel Santos, who are both 41 and live in Spain, have been stuck in Thailand, embroiled in a 15-month-long legal battle to take their daughter Carmen home.

Lake is Carmen's biological father, while the egg came from an anonymous donor.

Lake's lawyer Rachapol Sirikulchit said: "The court has granted legal custody of Carmen Lake to Gordon Lake, my client, and (said) that my client is her only guardian."

When Carmen was born last January, Thai surrogate Patidta Kusolsang gave them the baby, but then refused to sign documents allowing Carmen to get a passport and leave the country.

Kusolsang reportedly thought they were an "ordinary family" and "worried for Carmen's upbringing" after finding out the couple were gay.

The case was complicated by the fact that Thai law doesn't recognise same-sex marriages, and a law that bans commercial surrogacy - which came into force after Carmen's birth.

After finding out the news, Santos emerged from the court smiling, with tears in his eyes.

He told press: "We won. We are really happy. This nightmare is going to end soon."

The couple now expect to fly home to Spain with their daughter.