The gay American-Spanish couple fighting for custody of 10-month-old Carmen yesterday vowed to continue the fight for her after they failed to reach an agreement with the baby's surrogate mother.
Gordon Lake and his partner Manuel Santos Valero yesterday appeared at the Central Juvenile and Family Court, with about 30 supporters, to attend the first hearing after they submitted a motion to the court under the new surrogacy act in August, asking that Carmen be recognised as their legitimate daughter.
However, the hearing was halted because Carmen's surrogate mother, identified as Patidta Kusolsang, filed a countercomplaint on Oct 19, said Ratchapol Sirikuljit, the couple's lawyer. Mr. Ratchapol said the court refused to let the couple present any evidence due to Ms. Patidta's counter-complaint yesterday, so the court tried to organise mediation between the plaintiffs and defendant instead.
Ms. Patidta wants to keep Carmen in Thailand until she reaches 15, but Mr. Lake and Mr. Valero disagree, said the lawyer, adding it was unclear whom Ms. Patidta would like to take care of Carmen until then.
Mr. Ratchapol said the mediated talks had to be cancelled after the two sides failed to reach a deal. The court set the next hearing for March 23 to 25 next year.
The evidence prepared by the couple will be presented at the next hearing. Mr. Lake said he and his partner will keep fighting for their paternal rights. "We've been fighting for 10 months now and we won't give up. All I want is to bring Carmen home, so we can reunite with our first child Alvaro, who was also born through a surrogate mother in India," he said.
Mr. Lake also said he and Mr. Valero are still optimistic they will finally win custody of Carmen. He said, according to Section 56 of the temporary provisions of the Protection of Children born by Assisted Reproductive Technologies Act, the court will consider the case based on the future benefits of the child, the intended parents' ability to provide child care, living conditions, and the sincerity of the intended parents to provide for the child.
The gay American-Spanish couple fighting for custody of 10-month-old Carmen yesterday vowed to continue the fight for her after they failed to reach an agreement with the baby's surrogate mother. Gordon Lake and his partner Manuel Santos Valero yesterday appeared at the Central Juvenile and Family Court, with about 30 supporters, to attend the first hearing after they submitted a motion to the court under the new surrogacy act in August, asking that Carmen be recognised as their legitimate daughter. However, the hearing was halted because Carmen's surrogate mother, identified as Patidta Kusolsang, filed a countercomplaint on Oct 19, said Ratchapol Sirikuljit, the couple's lawyer. Mr. Ratchapol said the court refused to let the couple present any evidence due to Ms. Patidta's counter-complaint yesterday, so the court tried to organise mediation between the plaintiffs and defendant instead. Ms. Patidta wants to keep Carmen in Thailand until she reaches 15, but Mr. Lake and Mr. Valero disagree, said the lawyer, adding it was unclear whom Ms. Patidta would like to take care of Carmen until then. Mr. Ratchapol said the mediated talks had to be cancelled after the two sides failed to reach a deal. The court set the next hearing for March 23 to 25 next year. The evidence prepared by the couple will be presented at the next hearing. Mr. Lake said he and his partner will keep fighting for their paternal rights. "We've been fighting for 10 months now and we won't give up. All I want is to bring Carmen home, so we can reunite with our first child Alvaro, who was also born through a surrogate mother in India," he said. Mr. Lake also said he and Mr. Valero are still optimistic they will finally win custody of Carmen. He said, according to Section 56 of the temporary provisions of the Protection of Children born by Assisted Reproductive Technologies Act, the court will consider the case based on the future benefits of the child, the intended parents' ability to provide child care, living conditions, and the sincerity of the intended parents to provide for the child.
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