Calls for clearer surrogacy rules after Thai Down's case

Clearer regulations on surrogacy have been raised after a Thai woman was left with a Down's syndrome baby when his biological parents refused to take him.

4 Aug 201412:44·2 min read·By Gringo Media

The boy, named Gammy, now 6 months old, was diagnosed with Down syndrome when he and his twin sister had only 4 months of gestation. The surrogate, Pattaramon Chanbua, 21, who has strict Buddhist beliefs refused to have an abortion as the biological parents had ask her once they knew about his condition. "I didn't agree because I am afraid of sin. I don't know what to do. I chose to have him ... I love him, he was in my tummy for nine months" Pattaramon said.

Once they twins were born only the twin sister was taken to Australia by the unidentified couple and left the boy with the surrogate. Gammy, needs urgent medical care as he has a congenital heart condition and a lung infection as well as Down's syndrome. He is currently receiving urgent treatment in a Thai hospital.

The surrogate mother in Thailand says she will raise the boy as her own and an online campaign has raised $185,000 for his treatment. His mother, was paid AU$15,000 to be a surrogate for the Australian couple. It is illegal to pay for surrogacy in Australia so couples have to find a surrogate who is happy to carry the child for no payment beyond medical and other reasonable expenses.

The case has raised fears Australia could ban international surrogacy. Advocacy group Surrogacy Australia said this "red tape" means many couples choose to go abroad to find a surrogate, with 400 or 500 each year venturing to India, Thailand, the US and other places.

Rachel Kunde, the group's executive director, said she hoped the case would lead to better regulation by the Australian authorities of international surrogacy, rather than an outright ban. The answer to the problem would rely on surrogacy being accessible and easier for couples in Australia.

Nicola Scott, a British lawyer specialising in fertility issues, says a lack of regulation leaves the child vulnerable because issues such as termination are not discussed in advance. She says the answer to the problem is an international agreement similar to the Hague Adoption Convention so that parents know what the situation is from the outset.

"Then each country would have its own rules and regulations and the parents, surrogates and children would be protected," she added.

By Adriana Rueda

Source: BBC News Asia, International Business Times

Image: Herald Sun