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A same-sex couple have won a legal battle in Thailand against the surrogate mother who gave birth to their daughter but later refused to sign the paperwork to allow the baby to leave the country when she found out they were gay.

The central juvenile and family court on Tuesday ruled in favour of Gordon Lake, an American and the biological father of 15-month-old Carmen, and his Spanish husband, Manuel Santos, both 41.

The egg came from an anonymous donor and the surrogate, Patidta Kusolsang, is not biologically related to the baby. She initially handed Carmen to Lake at the hospital but later claimed she thought she would be helping a “legitimate” couple and demanded the baby back.

Since Carmen’s birth in January last year, Lake has lived in a secret location in Thailand, afraid she would be taken away after the surrogate mother opened legal proceedings. Lake’s husband and their two-year-old son, Álvaro, a surrogate baby born in India, moved back to Spain.

“Yes, we won!” Lake said after the ruling, which granted him legal custody.

“We...