THE BABY GIRL at the centre of the Bring Carmen Home Campaign has legally been put under the care of her biological father, a gay foreigner who made touching efforts over the past 15 months to keep her with him.

Recognising his love and care for the girl, the Central Juvenile and Family Court yesterday awarded sole custody of the 15-month-old baby to Gordon Lake.

The court also took into account the fact that the girl’s Thai surrogate mother had not objected to Lake’s request for sole custody during court hearings.

Lake fathered Carmen through surrogacy services, with Patidta Kusolsang paid to serve as surrogate mother. The egg came from another woman.

Lake is legally married to a Spanish man, Manuel Santos.

“Lake has taken care of the girl since her birth, with love,” the court said, “He is gay. But his homosexuality is not an obstacle in raising the girl up amid happiness and warmth”.

The court did not order shared custody because Patidta lives in Thailand, while Lake plans to take Carmen to Spain, where his family has lived.

Santos has fathered one son via surrogacy services in India.

The court said yesterday that for Carmen’s utmost benefit, sole custody should be granted to Lake.

Although the law protecting children born via reproductive technology assistance now bans surrogacy services for gay couples, the court formed its ruling based on the fact Carmen was born before the law took effect last year.

Santos shred tears of happiness upon hearing the court verdict. “I would like to thank the court and all Thais. I am glad we have won,” he said. He wore a white T-shirt emblazon with the words: “Finally, Love Won. Thank You Thailand @twogaypapas #Bringcarmenhome”.

Rachapol Sirikulchit, lawyer for the gay couple, said from now on, further action would be taken to ensure that Carmen can live smoothly with her family.

Lake was not present at the court yesterday when the verdict was read, as he is currently overseas. But he is due to fly back shortly.

Since Carmen was born, the foreign couple has remained in Thailand as they refused to leave their daughter behind.

Lake said he had been unable to take Carmen back to his home in Spain because Patidta refused to sign papers needed for the trip.

The two Spaniards launched a ‘Bring Carmen Home’ campaign and won much public support. The campaign’s Facebook page has had more than 120,000 ‘likes’.

The page was flooded with notes of congratulations yesterday.

One comment said: “I am so glad I almost cried. I am not your relative. But I am so glad and so happy for you…The nightmare has ended for you, papas. May your family enjoy happiness and all the good things from now on.”

Patidta was also not present in the court yesterday.

An informed source said she was likely to appeal but would need time to study the verdict first.