Australian couple abandon Down syndrome baby with Thai surrogate mother

[webfact]

Australian couple leaves Down syndrome baby with Thai surrogate
By Lindsay Murdoch

BANGKOK: -- Gammy, a six-month-old baby abandoned by his Australian parents, could die because his impoverished Thai surrogate mother cannot pay for medical treatment for his congenital heart condition.

The child will never know his twin sister, who was born healthy with him in a Bangkok hospital and has been taken away by their parents, who are living anonymously in Australia.

The story of how 21-year-old Pattharamon Janbua was cheated by a surrogacy agent in Bangkok and left to try to save the life of her critically unwell baby has emerged as Thai authorities move to crack down on IVF clinics, leaving hundreds of Australian couples facing uncertainty about their surrogacy children.

Ms Pattharamon says when she looks at Gammy, who has Down syndrome, she feels sorry for him and guilty.

“But I think this is not a bad karma ... it’s good karma that make us be together,” she says from her village in Chonburi province in northern Thailand.

“I would like to tell Thai women – don’t get into this business as a surrogate. Don’t just think only for money ... if something goes wrong no one will help us and the baby will be abandoned from society, then we have to take responsibility for that.”

Ms Pattharamon’s family were struggling to pay off debts last year when she was offered the equivalent of $11,700 to be a surrogate mother for an Australian couple who could not conceive a baby.

“I asked the agency, ‘Did I have to sleep with the man?’ I was an innocent young girl and I don’t know about this business," she says.

"The agent told me, ‘We are going to make a glass tube baby,’ but I didn’t understand.

“My husband agreed because we didn’t have money to pay our debt and I didn’t need to have sex with another man.” [read more...]

Full story: http://www.theherald.com.au/story/2457342/australian-couple-leaves-down-syndrome-baby-with-thai-surrogate/

-- NEWCASTLE HERALD 2014-08-01

 

[GuestHouse]

The Australian couple shall now hide behind anonymity laws designed to protect the identity of children in cases of high news interest.

 

 

They need to be named, and to be bought before a court in order to be forced to accept the full consequences of the choices they made. 

[harrycallahan]

She wants to have her cake and eat it too, should never have entered into surrogacy arrangement.

Four months into the pregnancy, doctors doing routine checks discovered one of the babies had Down syndrome. They told the Australian parents, who said they did not want to take the boy, according to a source familiar with the case.

They told me to have an abortion but I didnt agree because I am afraid of sin, Ms Pattharamon says, referring to her Buddhist beliefs.

[Brit_Doggie]

The Australian couple shall now hide behind anonymity laws designed to protect the identity of children in cases of high news interest.

 

 

They need to be named, and to be bought before a court in order to be forced to accept the full consequences of the choices they made. 

Whole heartedly agree i know thailand is renowned for anything for the right price but this shameless couple should be made themselves to pay the consequences of this horrendous act of mankind,as for the surrogate mother surely she is no innocent bystander.

[Old Croc]

I think all parties carry guilt in this case, the childless couple who would do anything to have a (healthy) child, the baby dealing agents and the greedy couple who believe this to be a good way to earn money.

[paz]

She wants to have her cake and eat it too, should never have entered into surrogacy arrangement.
 

 

I suppose that according to you, live organ trade should be made legal.

 

Shameful is the only term that comes to mind to describe what you wrote.

[Bulldozer Dawn]

Wow this will be a popular thread.

 

There are some truly awful humanity issues here.

 

However, bogging down in those is totally unproductive.

 

This matter is may be resolved simply by applying contract law as surrogacy is a commercial transacton:

 

What jurisdiction applies to the surrogacy contract?

 

What were the express terms of the contract?

 

Perhaps the Aussie couple think they are protected by the provisions of the new Australian Consumer Law.  Of interest is the implied guarantee that a supplier must provide goods that are fit for purpose.

 

I have already donned my flame proof suit...

[Jasun]

Commercial surrogacy is supposedly illegal in Thailand. 

[ginjag]

Sad really for all concerned.

What about the baby ??? any comment ??

 

In the UK a well to do couple who were my customers (taxi business) had a down syndrome baby and had it put in a childrens home for them to care for.

They visited birthday and Xmas.

I said one day couldn't you afford to keep it at home and have a nurse take care, her answer was,  Quote " we entertain very much at home and the baby was an embarrassment"

After that whenever they phoned for a taxi---I was always busy !!!!booked up solid.

 

These kids are the most loving of all children and should never be forgotten because they are not the  "NORM"

[harrycallahan]

She wants to have her cake and eat it too, should never have entered into surrogacy arrangement.
 

 
I suppose that according to you, live organ trade should be made legal.
 
Shameful is the only term that comes to mind to describe what you wrote.

Yes I suppose so, because I did insinuate that a surrogate mother bears a responsibility, which has exactly nothing to do with selling organs.

[wilgoster]

 

She wants to have her cake and eat it too, should never have entered into surrogacy arrangement.

Never helpful, this kind of statement. Does it even help for me to say that Harry never should have written that? I agree that all parties must be brought together to arrange for the child's care.

[kurnell]

Gammy?

[mrtoad]

Why isn't the agent being named as well?

[Tywais]

Commercial surrogacy is supposedly illegal in Thailand. 

 

Not illegal but now under scrutiny.

 

Thai crack down on surrogacy could leave British parents in turmoil
 

Surrogacies prohibited for prospective parents who are unmarried or a same-sex couple

 

On 22 July 2014 Thailand's military government announced a review of all 12 fertility clinics in Thailand that conduct surrogacy. On Wednesday 30 July 2014 the Thai Government held a meeting with fertility clinics and doctors to set acceptable standards.

 

<snip>

 

The position in Thailand
Thailand, which has for a number of years been popular for Australian parents, seemed to fit the bill. Thailand previously had no laws regulating surrogacy and in the absence of any prohibitory laws, UK couples (particularly same-sex couples) have been considering Thailand and some couples will have already embarked upon surrogacy arrangements.

It appears that surrogacy is now permitted in Thailand only if: 

• the intended parents are a heterosexual married couple; 
• the intended parents are medically infertile; 
• the surrogacy is altruistic (ie the surrogate has not profited from the arrangement); 
• the surrogate is related to the intended parents.

It appears that therefore surrogacy will be illegal if the intended parents are either an unmarried heterosexual couple or a same-sex couple, if any money has been paid to the surrogate and the removal of a child from Thailand without the permission of the Thai authorities will likely breach human trafficking laws.

There are reports that all records from one Thai IVF clinic have been removed by the Thai military. Accordingly the parents already with surrogate pregnancies under way at that clinic will have no means of contacting the surrogate, will not know the whereabouts of the surrogate or know what will happen to their unborn babies.

It remains to be seen what will happen to the arrangements that were entered into prior to yesterday's meeting or whether the Thai authorities will seek to prosecute either the surrogates, agencies, doctors or the intended parents for child trafficking offences.

 

Familylaw

 

Surrogacy in Thailand

There is currently no laws governing surrogacy arrangements in Thailand.

The Australian Embassy understands that the Thai Cabinet has approved draft legislation specifically addressing surrogacy arrangements.

For further information on the draft law, you may be interested in reading a short article on the Thailand Law Forum website, New Draft Law to Regulate Surrogacy in Thailand. Visit: New Draft Law to Regulate Surrogacy in Thailand.

 

Australian Embassy

[animatic]

Being a surrogate mother is not a evil thing, and bring compensated for it is not evil either.
The only evil part of this story is this couple dumping the twin with Down's syndrome. They were the driving force in the child's birth and should have accepted the responsibility for their actions bringing the child into the world. I feel sorry for the twin they took being raised but such an amoral couple of human effluence. Name them, shame them, and make them stand up and do what they agreed to do! And the the Australian authorities should monitor them for 21 years.

The saddest part is Down's syndrome children are usually totally good natured,
friendly and loving children. Who try hard to be a credit to their families.


Sent from my iPad using Thaivisa Connect Thailand

[kimamey]

The Australian couple shall now hide behind anonymity laws designed to protect the identity of children in cases of high news interest.

 

 

They need to be named, and to be bought before a court in order to be forced to accept the full consequences of the choices they made. 

 

I think it's legally possible to protect the identity of the couple if revealing it can take away anonimity for the child.
 

[CelticBhoy]

"The child will never know his twin sister, who was born healthy with him in a Bangkok hospital and has been taken away by their parents'

 

That's the saddest part for me. Having a sibling and not seeing one another. Truly sad.
 

[Jingthing]

In India commercial surrogacy is legal but same sex couples are discriminated against. India is probably the best place to go for this, assuming you're not gay.

 

My understanding is that commercial surrogacy is also legal in the USA but obviously more expensive. The children are eligible for birthright USA citizenship as well. Some states possible for same sex couples as well. Not sure about foreign nationals same sex couples.

[mexxx]

the link to 'new draft law to regulate surrogacy' is dated june 2010. going on for its 5th anniversary.

 

the australians should be making it illegal for australians to procure such arrangements as they do with paedophiles procuring arrangements outside australia.

 

how will the parents explain this to the sibling they took?  this will be grounds for child parent enstrangement when the child is old enough to do so.

 

shame shame shame

[Jingthing]

It actually is possible for this to be handled well, legally and ethically, as is done at some clinics in India. 

[Time Traveller]

The Australian couple shall now hide behind anonymity laws designed to protect the identity of children in cases of high news interest.

 

 

They need to be named, and to be bought before a court in order to be forced to accept the full consequences of the choices they made. 

Why do they need to be named?

 It appears each side got what they wanted. Australian Parents got a new child, the surrogate got her money, and seems happy with the child left behind. What is the issue?

[Time Traveller]

Being a surrogate mother is not a evil thing, and bring compensated for it is not evil either.
The only evil part of this story is this couple dumping the twin with Down's syndrome. They were the driving force in the child's birth and should have accepted the responsibility for their actions bringing the child into the world. I feel sorry for the twin they took being raised but such an amoral couple of human effluence. Name them, shame them, and make them stand up and do what they agreed to do! And the the Australian authorities should monitor them for 21 years.

The saddest part is Down's syndrome children are usually totally good natured,
friendly and loving children. Who try hard to be a credit to their families.

 

My feeling is that you have been told one side of the story by the media whose only interest is sensationalism. 

In reality, it probably went like this. The Aussie couple visited thai clinic about a surrogate baby. The Thai doctor promised, yes yes new healthy baby, just pay.

Then later they were told it was in fact twins - when they only wanted one. The Thai doctor then not wanting to lose face informed them the baby is healthy, but the second baby could be put for adoption if they did not want the one with down syndrome.

 

Ultimately, it was the Thai clinic that facilitated this.

[NongKhaiKid]

"The child will never know his twin sister, who was born healthy with him in a Bangkok hospital and has been taken away by their parents'

 

That's the saddest part for me. Having a sibling and not seeing one another. Truly sad.
 

i wonder if the parents of the girl will ever tell her she has a brother in Thailand whom they rejected since he didn't meet their specs ?

[SoFarAndNear]

Why didn't they just adopt a child in Thailand? I guess their are hundreds or even thousands of orphans in the country. Not mention about the millions around the world. Is it that important to have the child part of the father DNA?! 

 

Anyway the surrogate mother acted so naive. She says abortion is against her religion but selling her child is okay? This is absolutely double standard moral.

[jpeg]

Commercial surrogacy is supposedly illegal in Thailand. 

 

So is prostitution.

[Payboy]

Amazing great grand sale BOGOF promotion.

[jpeg]

 

 

Why didn't they just adopt a child in Thailand? I guess their are hundreds or even thousands of orphans in the country. Not mention about the millions around the world. Is it that important to have the child part of the father DNA?!

 

Because they wanted little copies of themselves. As do most others who go this rout. 'Adopt? But but but I want it to have my genes!' Poor little sods.

 

And this case of abandoning a 'defective' product, with nary a backward glance/financial support underpins the inherent selfishness of this procedure. I feel sorry for the children of these morally bankrupt people. Particularly the girl who will have some 'issues' when the truth inevitably surfaces.

[ozziepete]

Why didn't they just adopt a child in Thailand? I guess their are hundreds or even thousands of orphans in the country. Not mention about the millions around the world. Is it that important to have the child part of the father DNA?! 

 

Anyway the surrogate mother acted so naive. She says abortion is against her religion but selling her child is okay? This is absolutely double standard moral.

 

It was not her child. She was impregnated with a egg. All she was was the incubator.

 

This story has already run in Australia so my guess is that the new parents and all there family know about this.

[granuaile]

Being a surrogate mother is not a evil thing, and bring compensated for it is not evil either.
The only evil part of this story is this couple dumping the twin with Down's syndrome. They were the driving force in the child's birth and should have accepted the responsibility for their actions bringing the child into the world. I feel sorry for the twin they took being raised but such an amoral couple of human effluence. Name them, shame them, and make them stand up and do what they agreed to do! And the the Australian authorities should monitor them for 21 years.

The saddest part is Down's syndrome children are usually totally good natured,
friendly and loving children. Who try hard to be a credit to their families.


Sent from my iPad using Thaivisa Connect Thailand

 

Agree 100% with Animatic.... 

[chooka]

 

The Australian couple shall now hide behind anonymity laws designed to protect the identity of children in cases of high news interest.

 

 

They need to be named, and to be bought before a court in order to be forced to accept the full consequences of the choices they made. 

Why do they need to be named?

 It appears each side got what they wanted. Australian Parents got a new child, the surrogate got her money, and seems happy with the child left behind. What is the issue?

 

I think the issue is that the surrogate was implanted with the embryo of the Australian woman, the embryo fertilised by the sperm of the Australian guy.  They created the life the surrogate only carried the child.  I am sure if little Gammy was a perfectly normal healthy little boy these Aussies would have been over the moon with joy and thinking great we got 2 for the price of one. 

 

If a father abandons his child and doesn't pay support he is called a dead beat father and scum.  These two people abandon their child (yes their child they created) and people say what is the issue.