JohnThailandJohn Posted August 4, 2014 Share Posted August 4, 2014 (edited) Not being glib here, but couldn't the surrogate sue for child support in Australian court? Probably possible if a court first appointed a legal guardian for the child. The guardian could then sue whoever shared responsibility in the child's name. Probably difficult for the surrogate to sue because she did accept compensation. I was just reading about a complicated case in Massachusetts where a child had been so severely abused by step parents that she was put on on life support and permanently brain damaged. This happened despite numerous reports to social service agencies that abuse was taking place. They did nothing until it was to late. Eventually, a guardian was able to sue the state and the private agencies that contracted to the state and win $5m for the victims lifetime support. I would think they have no standing in an Australian court. Assume contract took place in Thailand. Not really sure on laws regarding child support when you use a surrogate ... in some ways could be like going after a sperm donor for support. Not even sure the child would be entitled to Australian citizenship. Edited August 4, 2014 by JohnThailandJohn Link to comment Share on other sites More sharing options...
jacko45k Posted August 4, 2014 Share Posted August 4, 2014 "She is a saint."??? Hefty claim. Qualifications must have changed... Yes, a saint living in a shack with a high end Samsung! Link to comment Share on other sites More sharing options...
Popular Post Kooweerup Posted August 4, 2014 Popular Post Share Posted August 4, 2014 This story has more twists and turns than the Mekong. Man at centre of Thai surrogacy scandal has conviction for indecently dealing with a child Read more at http://www.9news.com.au/world/2014/08/04/20/53/baby-gammy-dad-has-sex-convictions#bdYXTmKOUJHQHfL3.99I assume they are talking about the Australian man? If he has the guts to dump his newly born child because it has down syndrome, he's probably not the nicest guy around. So, the conviction doesn't really surprise me.y Man at centre of Thai surrogacy scandal has conviction for indecently dealing with a child New information has come to light tonight on the couple at the centre of the baby Gammy surrogacy scandal. It has been confirmed that the husband has a criminal history: a conviction for indecently dealing with a child. The man in question has a conviction for indecently dealing with a child under the age of 13.He was found guilty and jailed in 1998.Read more at http://www.9news.com.au/world/2014/08/04/20/53/baby-gammy-dad-has-sex-convictions#DuPlpE1C5wrRj1VH.99 Oh outstanding. It never rains but it pours.yea great the scum is a pedophile who was creating his own future victims can't get any lower than that 3 Link to comment Share on other sites More sharing options...
soalbundy Posted August 5, 2014 Share Posted August 5, 2014 I can't actually believe that people on Thai Visa are actually denigrating the Thai girl that brought this baby to term and cared for it even though it was not her own. Denigrating her, her religion, her decision to try to make a better life for her own two children by taking money to be a surrogate. Jesus! What is wrong with you people? Don't answer that. I don't want to know what makes certain people so cynical and mean spirited. It's all about reality,and her being Thai,about money Link to comment Share on other sites More sharing options...
simple1 Posted August 5, 2014 Share Posted August 5, 2014 (edited) Not being glib here, but couldn't the surrogate sue for child support in Australian court? Probably possible if a court first appointed a legal guardian for the child. The guardian could then sue whoever shared responsibility in the child's name. Probably difficult for the surrogate to sue because she did accept compensation. I was just reading about a complicated case in Massachusetts where a child had been so severely abused by step parents that she was put on on life support and permanently brain damaged. This happened despite numerous reports to social service agencies that abuse was taking place. They did nothing until it was to late. Eventually, a guardian was able to sue the state and the private agencies that contracted to the state and win $5m for the victims lifetime support. I would think they have no standing in an Australian court. Assume contract took place in Thailand. Not really sure on laws regarding child support when you use a surrogate ... in some ways could be like going after a sperm donor for support. Not even sure the child would be entitled to Australian citizenship. Surrogacy children born to Australian citizen overseas are eligible for Australian citizenship by descent. The parent application can be denied for reasons such as failing the character test. Got to remember that overseas surrogacy is illegal in some States, but not W.A. where these people reside. It is illegal to pay a woman to carry a baby (surrogacy) within Australia that’s why people go overseas from States where it is not banned to go overseas for surrogacy; legalised double standards http://www.immi.gov.au/media/fact-sheets/36a_surrogacy.htm#bringing Immigration Minister has stated he may proactively grant citizenship for the baby to enable access to Oz Govt support services. From this announcement you would assume the Dept has a lot more detail that is not in the public domain. Edited August 5, 2014 by simple1 Link to comment Share on other sites More sharing options...
samran Posted August 5, 2014 Share Posted August 5, 2014 Bunch of people saying she should have had the abortion. Two things these morons forget. Abortions are basically illegal in Thailand. The mothers life wasn't in danger. An abortion would have also put the life of the healthy child in danger. So really the end of the day the mothers religious beliefs don't come into it. 2 Link to comment Share on other sites More sharing options...
samran Posted August 5, 2014 Share Posted August 5, 2014 I don't believe the birth mother actually spoke with the Aussie couple about aborting the baby. Seems more likely the surrogate agency made the request and didn't even inform the Aussies that twins were on the way! Why isn't anybody questioning the agency to see just how much they were involved in this situation. To me the line that the Australian couple didn't know twins were one the way if far fetched. Having had three kids ultrasounds are done every few weeks. You get a print out to take home. If you were a surrogate you'd be getting these updates to. I mean, you've gone to these lengths to have kids that you wouldn't jump at the chance to see scans of your child? In this case, two of them. On top of that, let's be generous and say they really didn't know. Fair enough, you've found out. If you were genuine you'd hopping the first plane back to bangkok to claim your child? What are they doing? They are giving interviews via their lawyer, from the confort of Australia. Actions speak louder than words in this case. 1 Link to comment Share on other sites More sharing options...
chooka Posted August 5, 2014 Share Posted August 5, 2014 Given that the aussie father is kiddy fiddling rockspider, Pattaramon Chanbua has demanded that Gammy's twin sister be returned to Thailand. http://www.smh.com.au/world/report-that-father-of-surrogate-baby-gammy-has-child-indecency-conviction-20140805-100g5b.html Link to comment Share on other sites More sharing options...
JohnThailandJohn Posted August 5, 2014 Share Posted August 5, 2014 Bunch of people saying she should have had the abortion. Two things these morons forget. Abortions are basically illegal in Thailand. The mothers life wasn't in danger. An abortion would have also put the life of the healthy child in danger. So really the end of the day the mothers religious beliefs don't come into it. Actually she could have legally had an abortion but to say she didn't because of religion seems ignorant unless she said that ... all I remember reading is she believed it would be wrong. But regardless of where her believes come from, have to respect her as others would have aborted it NOT because of concern for the life of the child but out of their own selfishness of not wanting to deal with such a child ... as this Australian couple appear to have done. Link to comment Share on other sites More sharing options...
Time Traveller Posted August 5, 2014 Share Posted August 5, 2014 (edited) The Thai clinic should hold the final responsibilty because they should. 1. inform the parents the risk of situation like this happening. 2. inform the surrogate of the risk of situation like this happening. 3. ensure both surrogate and the parents agree on the same action plan in this situation like this before hand 4. When either party breaks the agreement, then police should be notified. It appears the clinic had nothing like this, and did not do anything after delivery. Also, it's strange the way the surrogate is blaming the Australian parents but not the Thai clinic. Is there some scam between her and the thai clinic to sue the foreigners She is not the first mother to have DS baby, nor the first surrogate to be stuck with unwanted baby from multiple birth. But she sure is the most media and money hungry! Good luck to her. With the right PR manager she could easily get 20 or 30 million baht out of this. Edited August 5, 2014 by Time Traveller Link to comment Share on other sites More sharing options...
orosee Posted August 5, 2014 Share Posted August 5, 2014 What a twist! After hearing about this 16 year old conviction, I must wonder if one or even some of the hate posts in these threads are not actually written by that man himself and/or his friends/relatives... he obviously has a connection to Thailand and may well be a regular reader and/or contributor. At least it would bring some sense into the abortion-pushing comments. Come on, man up and tell us the story first-hand! Link to comment Share on other sites More sharing options...
samran Posted August 5, 2014 Share Posted August 5, 2014 The Thai clinic should hold the final responsibilty because they should. 1. inform the parents the risk of situation like this happening. 2. inform the surrogate of the risk of situation like this happening. 3. ensure both surrogate and the parents agree on the same action plan in this situation like this before hand 4. When either party breaks the agreement, then police should be notified. It appears the clinic had nothing like this, and did not do anything after delivery. Also, it's strange the way the surrogate is blaming the Australian parents but not the Thai clinic. Is there some scam between her and the thai clinic to sue the foreigners She is not the first mother to have DS baby, nor the first surrogate to be stuck with unwanted baby from multiple birth. But she sure is the most media and money hungry! Good luck to her. With the right PR manager she could easily get 20 or 30 million baht out of this. The 'Thai' clinic had an American owner from some news reports I read. Sent from my iPhone using Thaivisa Connect Thailand Link to comment Share on other sites More sharing options...
Cats4ever Posted August 5, 2014 Share Posted August 5, 2014 "She is a saint."??? Hefty claim. Qualifications must have changed... She might be in the happy clappy church Morrison attends. Link to comment Share on other sites More sharing options...
Time Traveller Posted August 5, 2014 Share Posted August 5, 2014 The 'Thai' clinic had an American owner from some news reports I read. Sent from my iPhone using Thaivisa Connect Thailand American, Thai, whatever. As the facilitator, it's the clinics responsibility to each party is aware of responsibilites and adhere to some kind of ethics. The clinic has either disappeared or don't care about this situation. Link to comment Share on other sites More sharing options...
lavender19 Posted August 5, 2014 Share Posted August 5, 2014 I can't actually believe that people on Thai Visa are actually denigrating the Thai girl that brought this baby to term and cared for it even though it was not her own. Denigrating her, her religion, her decision to try to make a better life for her own two children by taking money to be a surrogate. Jesus! What is wrong with you people? Don't answer that. I don't want to know what makes certain people so cynical and mean spirited. Nothing to do with being cynical and mean spirited. Just being realistic Don't know if you live in Thailand or what but you seem very naive about Thai's and money. 1 Link to comment Share on other sites More sharing options...
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