DNA tests give foreigner hope for baby custody
A GAY foreigner embroiled in a battle for custody of a baby believes his chance of taking his daughter, who was born through paid surrogacy, back to their family in Spain is brighter after the egg donor came forward.
A paternity test on Gordon Alan “Bud” Lake III, his daughter “Carmen” and the egg donor determined that the three were related with near-100-per-cent accuracy. “The egg donor is even willing to attend the interviews with me at the Child Protection Agency, which are requested as part of the motion filed to have full parental rights recognised,” the American said.
He has already decided to take the Carmen case to court in a bid to be granted full parental rights.
Following the birth of Carmen, he has had to spend the past seven months in Thailand because the Thai surrogate is refusing to sign papers needed for Carmen’s departure even though she has already allowed him to take care of the girl. She became uncooperative after finding out that he is married to a man, Lake said. “We tried to contact her. We were told her legal adviser was very unresponsive and did not want to meet,” he said.
The woman claims she might be Carmen’s biological mother and now wants to raise the girl herself. To physically prove that she is not the biological mother, Lake contacted the egg donor and requested the DNA test.
The donor, a Thai woman, had no clue she was the biological mother of Carmen but was very cooperative.
“Obviously it is no surprise to us, but the result was positive that the egg donor is the biological mother. Maybe now they will stop saying that they think the Thai surrogate is the biological mother. It is really sad that they can’t just try to support their side with facts,” he said.
The donor would like to remain anonymous, he said.
The family filed a petition in the court, seeking to be recognised as the parents commissioning the surrogacy under Section 56 of the new surrogacy law. The new Thai surrogacy law states that the sperm donor and the egg donor hold parental rights, which will be positive for the father.
But as Carmen was born under the old surrogacy law, her case must be considered under that law, which states that custody of the child must belong to the birth mother. The court hearing was set for next month.
Armed with evidence that the woman was a gestational surrogate and not the biological mother, and for the best care and interest of the child, Lake hopes that finally he will be allowed to take his girl home. He also hopes the Social Development and Human Protection Ministry and the Children and Youth Department would help his case.
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