An Australian couple left their Down Syndrome baby with his surrogate mother in Thailand, while taking the boys healthy twin sister. WSJs Ramy Inocencio talks to Sam Everingham, director of Families Through Surrogacy, on the backlash in Australia.
- Father convicted for multiple offences against children
- Friend says couple were told Gammy would not survive
- Neighbours describe parents as 'decent' and 'lovely'
- Case 'highlights dangers in international surrogacy': PM
THAI medical authorities are threatening to take legal action against a 21-year old surrogate Thai woman at the centre of global debate over the alleged abandoning of a Down syndrome baby by an Australian couple.
The Thai Ministry of Public Health says it is co-ordinating with other agencies in a crackdown against medical facilities and agencies linked to the commercial surrogacy the ministry calls "illegal".
Thai reports said the ministry is also considering charges against the surrogate mother, Pattaramon Chanbua, a food stall seller from the southern province of Sri Racha.
The ministry says the fact that Ms Pattaramon received payment of $15,000 as the surrogate mother was in contravention of Thailand's human trafficking laws.
Investigations are now under way by Thailand's Bureau of Sanatorium and Art in Healing under the Department of Health Service Support (HSS) into the surrogacy service clinics.
There are reported to be an estimated 20 surrogacy agencies, most said to be foreign owned, drawing in an estimated 4.0 billion baht ($A133 million) annually.
Seven-month-old baby, Gammy, is receiving treatment at a Bangkok hospital where the child is being treated for a congenital heart condition. A spokesman for the hospital said the baby was now receiving specialist care and is "in safe hands".
The Australian man at the centre of the Thai surrogate abandoned baby row has multiple convictions for sexual offences against children.
David John Farnell was jailed for three years in 1997 after admitting to sexually assaulting two young children.
According to media reports from the time, the West Australian electrician, who was then 39, pleaded guilty to the sex crimes and had previously admitted to molesting two teenage girls 15 years earlier.
In the newspaper article, Judge Michael O'Sullivan said his actions had violated the youngsters' innocence and warranted a jail term.
He said Farnell would normally receive four years for his crimes but instead would be sentenced to three years because of his early guilty plea.
The revelations come as a friend of the couple accused of abandoning baby Gammy spoke out on behalf of the 'devastated' pair, saying many statements made by the surrogate mother have been lies.
Speaking to the Bunbury Mail newspaper, the unnamed friend of the couple says the parents are legally unable to speak, but were distressed by reports they did not want to bring the little boy home.
The friend said the couple were told baby Gammy had a congenital heart condition and would "not survive a day".
The friend insisted they wanted to bring Gammy home to Australia, but were told by doctors that he was too unwell.
Thai surrogate mother Pattaramon Chanbua holds her baby Gammy. She has been described as a "saint" and "absolute hero" by Australian Immigration Minister Scott Morrison. Picture: AFP Source: AFP
"This has been absolutely devastating for them, they are on the edge," the family friend said, adding that reports the couple wanted Gammy aborted when they learned he had a disability were also false.
A legal battle ensued and the couple became fearful they would not be able to bring Gammy's healthy twin sister home to WA.
"The biological parents were heartbroken that they couldn't take their boy with them and never wanted to give him up, but to stay would risk them losing their daughter also," the friend said.
"They prayed for Gammy to survive but were told by doctors that he was too sick, not because of Down syndrome but because of his heart and lung conditions and infection."
Farnell and his wife Wendy have denied abandoning seven-month-old baby Gammy who has Down syndrome and a congenital heart disease.
The couple are believed to have paid $16,000 for the surrogate who claimed they took the healthy twin, a girl, but left Gammy behind.
The couple told media today in a statement they did not abandon Gammy and that the doctor told them baby Gammy would not survive more than a day.
The Nine Network reported last night that the man's wife confirmed her husband had a conviction for indecently dealing with a child under 13 and had served jail time after being found guilty in the 90s.
The report comes as neighbours rallied around the parents, describing them as "very nice, decent people".
Seven-month-old Gammy, who suffers a congenital heart condition and Down syndrome, was one of two twins surrogate mother Pattharamon Janbua claims she gave birth to in Thailand nine months ago.
The couple is listed as a success story on Chinese dating agency website Zhanjiang Happy Marriage Agency. They married in 2004 in China after meeting eight months earlier.
"(They) were very responsible and sincere to their marriage. In order to know more about the lady, (the man) came to Jianjiang on 22 June of 2004 for their meeting and interaction," it says.
"They decided to get married on 11 July in China. When the man came again in October of 2004, they held their wedding."
The couple was not at home this morning and the only sign of life was a barking dog at the side gate.
But Bevan Garstone, 85, and his wife Joan, 83, who live several doors down on the same South Bunbury street, said they were surprised at allegations the couple abandoned their disabled surrogate baby.
They were also shocked at reports the father had previously been convicted of a sex offence.
LEFT BEHIND: Funds raised for abandoned baby with Down syndrome
"I will not allow them to come to take my baby away" ... Thai surrogate mother Pattaramon Chanbua holds Gammy. Picture: AFP Source: AFP
"They're very nice people and good neighbours," Mr Garstone said.
"They're lovely people and they seem very decent."
Mrs Garstone said she had seen the couple with their new baby girl but had not spoken to them since.
"We knew they had a new baby. They seemed like a very happy family," she said.
The street where the couple live in South Bunbury, about 200km south of Perth, is a quiet, leafy street in a middle-income part of WA's second biggest city.
Many retirees now call the suburb home.
But the home of Gammy's would-be parents stands out. It is a newly painted and renovated two-storey property with giant tropical palm trees in the front yard.
Another neighbour, Mark Spice, said he had never met the couple, who he described as quiet.
"I only knew he had an Asian wife," Mr Spice said.
Another resident in the street, who did not want to be named, said the couple seemed like "lovely people" but kept largely to themselves.
Ms Chanbua last night said the Australian parents knew of the boy's condition and asked her to abort the boy after he was diagnosed with Down syndrome in the womb.
She cried, refused and told them she would take care of both the babies if they did not want them. They eventually agreed to take the girl.
During a press conference in Thailand today she said that after hearing about the molestation charges she would "like to bring my daughter back to Thailand".
She said Gammy's health was improving and she was looking forward to bringing him home.
"He had a scan today and the results were good. I hope to take him home within the next two or three days. His heart seems to be OK which is a great relief.
"I feel enormously grateful and blessed for the assistance I have received from overseas and here in thailand. The money will all go towards gammy's health and education and will enable him to lead as normal life as possible. I have to thank the news organisations who have publicised the story. I never expected it to be so big."
Immigration Minister Scott Morrison labelled Ms Chanbua a "saint" and an "absolute hero" and said the outpouring of support was a strong indicator of the way Australians felt about the situation.
Mr Morrison's office later said in a statement that "the child may be eligible for Australian citizenship".
MOIRA'S PLEA: Kelly pleas for Gammy to be treated in Melbourne
"All the money will be spent for the best of the baby" ... Pattaramon Chanbua, 21, with her sons Game, 7, and Gammy. Picture: AP Source: AP
Gammy's story could prompt the Australian government to look closer at surrogacy laws with the Department of Foreign Affairs already examining practices in Thailand.
Agencies were working with Thai officials on the broader surrogacy issues, the department said.
Mr Morrison said the legalities surrounding international surrogacy were "very, very, very murky" and regulations must be looked at carefully.
"Sure, there are lots of Australians who are desperate to be parents but that can never, I think, sanction what we have just seen here," he said.
Prime Minister Tony Abbott has also said the case illustrates the pitfalls of international surrogacy.
WA Premier Colin Barnett described it as a "very sad and distressing situation" but said there was not much the state government could do.
Commercial surrogacy, where a woman is paid a fee to carry a child, is illegal in Australia.
However, if there is an agreement for the biological parents to cover just medical and other reasonable costs, the practice is legal.
GAMMY CASE PREVENTABLE: Lawyer says government should act
Rejected because of disability? ... Pattaramon Chanbua plays with Gammy. Picture: AFP Source: AFP
Thai law firm, Chaniwat and Leeds, which says it will cover surrogacy and IVF cases on its website, warns of possible "complicated legal issues".
"While surrogacy in Thailand is currently an option and a rapidly-growing area of medical innovation, there are a number of legal considerations prospective parents should consider," the firm said.
The lawyers said Thailand currently has no laws or published case decisions directly relating to the practice of surrogacy, "and in essence surrogacy is neither legal nor illegal in Thailand". Agencies and health clinics openly engage in locating surrogate mothers and egg donors.
"Thailand's Medical Council has taken a cautious approach to the practices of IVF implantation, egg donation, and surrogacy; these practices are still in a legal and medical 'grey area'," the firm said.
Gammy's picture has been beamed around the world and has prompted donations of more than $230,000 in 13 days to pay for his future in Thailand.
"Our hearts are filled with love for all the people around the world who have taken time out of their lives to give thought to Gammy," his donation page reads.
The donations meant Gammy could be moved to a private hospital with specialist care and Ms Chanbua promises all the funds will go to him, ABC reported.
"I will make sure all the money, every single Baht, is well spent for the best of the baby," she said.
She says even if his biological parents come back for him, she's now his mother.
"I will not allow them to come to take my baby away," she said.
"I love him."
Abandoned but now cared for by his surrogate mother ... Six-months-old baby Gammy. Picture: Hope for Gammy Source: Supplied
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