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Australian couple 'did not reject Down's baby' Gammy | Australian couple 'did not reject Down's baby' Gammy |
(1 day later) | |
An Australian couple involved in an international surrogacy dispute did not abandon their surrogate baby in Thailand, a court has found. | An Australian couple involved in an international surrogacy dispute did not abandon their surrogate baby in Thailand, a court has found. |
Australian David Farnell and his wife Wendy turned to surrogacy after they were unable to conceive naturally. | Australian David Farnell and his wife Wendy turned to surrogacy after they were unable to conceive naturally. |
In December 2013, surrogate Pattaramon Chanbua gave birth to a boy, Gammy, and a girl, Pipah, conceived with Mr Farnell's sperm and donor eggs. | In December 2013, surrogate Pattaramon Chanbua gave birth to a boy, Gammy, and a girl, Pipah, conceived with Mr Farnell's sperm and donor eggs. |
Ms Chanbua had said the couple rejected Gammy because he had Down's syndrome. | Ms Chanbua had said the couple rejected Gammy because he had Down's syndrome. |
The Farnells returned to Australia with Pipah in February 2014 and Ms Chanbua sought a court order to have the girl returned to Thailand. | The Farnells returned to Australia with Pipah in February 2014 and Ms Chanbua sought a court order to have the girl returned to Thailand. |
Revelations that Mr Farnell was a convicted child sex offender added to controversy surrounding the case. | Revelations that Mr Farnell was a convicted child sex offender added to controversy surrounding the case. |
Where can you legally have a surrogate baby? | Where can you legally have a surrogate baby? |
Thailand's crackdown on 'wombs for rent' | Thailand's crackdown on 'wombs for rent' |
But Chief Judge Stephen Thackray of Western Australia's Family Court ruled in a judgement released on Thursday that Pipah should stay with the Farnells. | |
The judge acknowledged the case was emotionally charged for all parties, saying conflicts were exacerbated by cultural differences and the constant need for a translator. | The judge acknowledged the case was emotionally charged for all parties, saying conflicts were exacerbated by cultural differences and the constant need for a translator. |
"Their ability to recall what happened, and in what order, has been impaired by the anxiety felt for the health of the babies, and by the tensions that arise when a woman's body is rented for the benefit of others and where the unit of exchange is measured in the life of a new human being," Judge Thackray said. | "Their ability to recall what happened, and in what order, has been impaired by the anxiety felt for the health of the babies, and by the tensions that arise when a woman's body is rented for the benefit of others and where the unit of exchange is measured in the life of a new human being," Judge Thackray said. |
Gammy 'thriving' | Gammy 'thriving' |
The court noted that although Mr Farnell, 58, was a convicted sex offender, there was a "low risk of him abusing the girl". | The court noted that although Mr Farnell, 58, was a convicted sex offender, there was a "low risk of him abusing the girl". |
The judge also found Mr Farnell and his wife did not access a trust fund set up for Gammy, as was initially reported after the story broke in 2014. | |
Gammy's case drew donations from around the world, which have been managed by an Australian charity and used to pay his hospital bills and buy a new home for Ms Chanbua's family. | Gammy's case drew donations from around the world, which have been managed by an Australian charity and used to pay his hospital bills and buy a new home for Ms Chanbua's family. |
Judge Thackray said in his ruling that Gammy appeared to be "thriving" in Thailand with the "love and support" of Ms Chanbua's extended family. | Judge Thackray said in his ruling that Gammy appeared to be "thriving" in Thailand with the "love and support" of Ms Chanbua's extended family. |
Last year Thailand passed laws banning foreigners from paying Thai women to be surrogates following the high-profile case. | Last year Thailand passed laws banning foreigners from paying Thai women to be surrogates following the high-profile case. |
Only married Thai couples or couples with one Thai partner who have been married at least three years can seek surrogacy. | Only married Thai couples or couples with one Thai partner who have been married at least three years can seek surrogacy. |
Anyone caught hiring a surrogate mother now faces a maximum jail sentence of 10 years. | Anyone caught hiring a surrogate mother now faces a maximum jail sentence of 10 years. |
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