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$100K Raised For Abandoned Baby With Down Syndrome Born To Thai Surrogate


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Child protection services in Western Australia are investigating the father of Down's syndrome baby Gammy.

 

The probe follows allegations in local media that he is a sex offender.

 

Local media say they have seen court documents showing the father served three years for sexually molesting two girls under 10 in the late 1990s.

 

The man and his wife paid a Thai surrogate mother to have their child, but took home only Gammy's healthy sister when she had twins.

 

State authorities told the BBC they were now assessing his "suitability" to have a young child in his custody.

 

A spokesman for Western Australia's department for child protection and family support told the BBC: "Last night we were made aware of certain information by the police regarding allegations of the father's criminal background."

 

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Gammy's Australian father is convicted child abuser

 

 

Sydney - The Australian father of the Thai surrogate baby Gammy, at the centre of a bitter dispute, is a convicted child sex offender, Australia media reported Tuesday.

 

Court documents show the Australian father of Thai surrogate baby Gammy was convicted twice on charges of sexually abusing at least three girls in the 1990s, Australian media reports said.

 

The still unidentified man was jailed for three years for molesting two girls under 10 and later convicted and sentenced on charges of indecency involving a 13-year-old, The Australian newspaper said.

 

After hearing the news, the Thai surrogate mother said that she wants his twin sister returned to her.

 

"I am in shock after hearing this story," said the surrogate mother of the babies, Pattharamon Janbua of Sri Racha, in an interview with Australian media.

 

"I need help from anyone who can bring my girl back to me as soon as possible," she said. This news makes me sick. I am worried about my baby girl."

 

The wife of the father and paedophile convict defended him. "He is a good man - people make mistakes - that doesn't mean he is a bad person forever," said the woman, who also has not yet been identified.

 

Ms Pattharamon, a Thai food vendor, last week accused the anonymous couple of abandoning one of the twins she gave birth to in a commercial surrogacy deal at the end of last year.

 

She said they left Gammy, who has Down's Syndrome and a heart defect, behind when they returned home to Western Australia with his healthy sister.

 

The couple on Monday denied her claim and said the Thai doctor had not informed them of the existence of the boy. Pattharamon, 21, then threatened to sue them.

 

The case sparked outrage and calls for reforms to Australia's surrogacy laws.

 

An Australian charity has raised around 200,000 Australian dollars (US$186,500) to cover the medical expenses of the infant who was admitted to Bangkok hospital with a lung infection.

 

Australia's Immigration Minister Scott Morrison was quoted in media reports Monday saying the legalities in international surrogacy were "very, very, very murky".

 

"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," Morrison said.

 

 

http://www.bangkokpost.com/news/local/425092/gammy-australian-father-is-convicted-child-abuser

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At twenty paces ...

 

 

Draft law on surrogacy ready to be submitted for NLA review

 

 

THE USE of a surrogate mother remains a grey area for Thailand but there is hope that draft legislation now ready for review by the National Legislative Assembly (NLA) will finally bring clarity - and protect children born through the use of assisted reproductive technology (ART).

 

Because there is no law in relation to surrogacy, people seeking to use a surrogate mother to have a child won't always be able to do this, whether they pay money or not, Thai lawyer Sithichok Sricharoen said.

 

However, with no legal punishment for using surrogates at present, this meant a special law needed to be passed to make it illegal, he said.

 

Using a surrogate mother was not human trafficking, because it was about giving birth, Sithichok said. The civil code said a child born to a woman is that woman's legal child; surrogacy was not possible in the current legal perspective.

 

There are two types of surrogacy: "full surrogacy", which requires an embryo from the spouse's egg and sperm to be implanted to the surrogate mother's womb, and "partial surrogacy", which required the father's sperm and the surrogate mother's egg.

 

The Social Development and Human Security Ministry has put forward the draft bill, which has been reviewed by legal experts on the Council of State and is pending deliberation by the NLA. Key facets of the draft bill include:

 

1. The couple wishing to have a child through a surrogate mother must be legally wed.

 

2. The surrogate mother must be a relative to one of the spouse, but must not be the spouse's parents or child.

 

3. The surrogate mother must have at least one child before and, if she has a husband, she must get his consent first.

 

If these components are not met, the applicant must ask for permission from a government-endorsed committee to control the use of ART on a case-by-case basis and the committee's order is final.

 

4. It is prohibited for anyone to act as a middleman to collect payment or benefits as in a commercial activity or to reap benefits from arranging or encouraging surrogacy. It is also prohibited for a medical professional to carry out the ART procedure for a woman's pregnancy, with knowledge of or with reasons to believe that the woman is a surrogate mother for commercial gain.

 

5. When a child is born from artificial insemination or ART via donors' egg and sperm, the woman who gave birth shall be the child's legal mother and the woman's husband who consented to the pregnancy shall be the child's legal father. The donors whose egg and sperm were used shall have no right over the child.

 

6. In a case of a child born via surrogacy, using sperm and egg from a couple who want a surrogate, or others, the couple shall be the child's legal parents but they must allow the surrogate mother to breastfeed the child for at least three months. In cases in which the child is raised in a difficult situation, as per the Child Protection Act, the surrogate mother can sue or demand custody of a child, and a court can base judgement what appears best for the child's happiness and benefit.

 

There has been much debate in recent years over this sensitive issue. Those who support surrogacy claim the state should not intervene if people's actions don't harm others, saying that surrogacy would mutually benefit the couple and the surrogate mother and prevent child abduction or child trafficking.

 

Those opposed to surrogacy have said it is immoral and against human nature and would lead to exploitation, such as surrogacy for hire, as well as affecting the child and society. They also raised the question of what to do if a child is born prematurely or disabled, or if the couple changes their mind, and what if the couple only wants one child but the surrogate mother gives birth to twins or triplets.

 

 

http://www.nationmultimedia.com/national/Draft-law-on-surrogacy-ready-to-be-submitted-for-N-30240331.html

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There will be an interview on TV Sunday night with the surrogate parents. The father in the promo hints that they need to leave Thailand quickly for certain reasons. Will be interesting to hear their side. Could it be another Amazing Thailand story?

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