This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/aug/04/global-surrogacy-laws-debate-baby-gammy-thailand

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
International surrogacy laws in the spotlight amid row over baby Gammy International surrogacy laws in the spotlight amid row over baby Gammy
(35 minutes later)
Rules governing international surrogacy were called into question last night, as a row intensified over a baby allegedly abandoned to its surrogate mother in Thailand. Rules governing international surrogacy were called into question last night as a row intensified over a baby allegedly abandoned to its surrogate mother in Thailand.
In a series of interviews Pattaramon Chanbua, who gave birth to the boy called Gammy, repeated her accusations that a couple from Western Australia had abandoned the child when they discovered he had Down's syndrome, but took his healthy twin sister. In a series of interviews Pattaramon Chanbua, who gave birth to the boy, called Gammy, repeated her accusations that a couple from Western Australia had abandoned the child when they discovered he had Down's syndrome, but took his healthy twin sister.
The Australian couple, who have not been named by the media, have denied knowledge of the child, who is now seven months old, telling Channel 9 in Australia that they had a daughter of Gammy's age but she did not have a brother. They said they had experienced trouble with the surrogacy agency, which the father said no longer appeared to exist, and described the experience as "traumatising".The Australian couple, who have not been named by the media, have denied knowledge of the child, who is now seven months old, telling Channel 9 in Australia that they had a daughter of Gammy's age but she did not have a brother. They said they had experienced trouble with the surrogacy agency, which the father said no longer appeared to exist, and described the experience as "traumatising".
Worldwide coverage of the plight of Gammy – who is in hospital in Thailand for treatment of a life-threatening lung infection and will need further operations for a heart condition – has sparked an international debate, and hundreds of thousands of dollars have been raised for the child by a viral online campaign.Worldwide coverage of the plight of Gammy – who is in hospital in Thailand for treatment of a life-threatening lung infection and will need further operations for a heart condition – has sparked an international debate, and hundreds of thousands of dollars have been raised for the child by a viral online campaign.
Chanbua, a 21-year-old foodseller in the coastal town of Sri Racha, told reporters that his Australian biological parents were aware of his existence and asked her to abort the child after he was diagnosed with Down's syndrome in the womb.Chanbua, a 21-year-old foodseller in the coastal town of Sri Racha, told reporters that his Australian biological parents were aware of his existence and asked her to abort the child after he was diagnosed with Down's syndrome in the womb.
It emerged on Monday that the Australian government has suggested the child might be given Australian citizenship in order to provide the medical support he will need throughout his life.It emerged on Monday that the Australian government has suggested the child might be given Australian citizenship in order to provide the medical support he will need throughout his life.
The immigration minister, Scott Morrison, told Sydney Radio 2GB that Pattaramon was "an absolute hero" and "a saint". Morrison said the legalities surrounding international surrogacy were "very, very, very murky" and called for regulations to be examined. "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," he said. The immigration minister, Scott Morrison, told Sydney Radio 2GB that Chanbua was "an absolute hero" and "a saint". Morrison said the legalities surrounding international surrogacy were "very, very, very murky" and called for regulations to be examined. "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," he said.
It is illegal to pay a surrogate mother in Australia. However in some states, including Western Australia, it is legal to pay a surrogate living overseas. An Australian woman can act as a surrogate for free, but has the right to keep the child rather than hand it over to the biological parents.It is illegal to pay a surrogate mother in Australia. However in some states, including Western Australia, it is legal to pay a surrogate living overseas. An Australian woman can act as a surrogate for free, but has the right to keep the child rather than hand it over to the biological parents.
Asked about Gammy's future, he said: "We are taking a close look at what can be done here, but I wouldn't want to raise any false hopes or expectations [...] We are dealing with something that has happened in another country's jurisdiction."Asked about Gammy's future, he said: "We are taking a close look at what can be done here, but I wouldn't want to raise any false hopes or expectations [...] We are dealing with something that has happened in another country's jurisdiction."
In a later statement Morrison's office said that "the child may be eligible for Australian citizenship".In a later statement Morrison's office said that "the child may be eligible for Australian citizenship".
The prime minister, Tony Abbott, said it was "an incredibly sad story". He said: "I guess it illustrates some of the pitfalls involved in this particular business. It's a very, very sad story and I hate to think that a child could be abandoned like that."The prime minister, Tony Abbott, said it was "an incredibly sad story". He said: "I guess it illustrates some of the pitfalls involved in this particular business. It's a very, very sad story and I hate to think that a child could be abandoned like that."
There are conflicting reports about the circumstances surrounding the child's birth. Australian broadcaster ABC's 7.30 programme said it had spoken to the couple twice in their home, and that they claimed never to have seen Gammy. They reportedly said: "We saw a few people at the hospital. We didn't know who the surrogate was. It was very confusing. There was a language barrier."There are conflicting reports about the circumstances surrounding the child's birth. Australian broadcaster ABC's 7.30 programme said it had spoken to the couple twice in their home, and that they claimed never to have seen Gammy. They reportedly said: "We saw a few people at the hospital. We didn't know who the surrogate was. It was very confusing. There was a language barrier."
After a series of interviews it remained unclear if Chanbua had seen the biological parents before or after Gammy's birth, but she insisted they knew of his existence.After a series of interviews it remained unclear if Chanbua had seen the biological parents before or after Gammy's birth, but she insisted they knew of his existence.
She told the Associated Press that the agency organising the surrogacy knew about Gammy's condition four to five months after she became pregnant, but did not tell her. When it suggested in her seventh month of pregnancy that she should abort one of the twins, she refused. She was promised A$16,000 (£8,900), but had yet to see all of the money, she said. "I've never felt angry at them or hated them. I'm always willing to forgive them," she said of Gammy's biological parents. "I want to see that they love the baby girl as much as my family loves Gammy. I want her to be well taken care of."She told the Associated Press that the agency organising the surrogacy knew about Gammy's condition four to five months after she became pregnant, but did not tell her. When it suggested in her seventh month of pregnancy that she should abort one of the twins, she refused. She was promised A$16,000 (£8,900), but had yet to see all of the money, she said. "I've never felt angry at them or hated them. I'm always willing to forgive them," she said of Gammy's biological parents. "I want to see that they love the baby girl as much as my family loves Gammy. I want her to be well taken care of."
Chanbua, who lives with her six-year-old son and three-year-old daughter, said she would raise Gammy as if the boy was her own. "I love him," she said. "He was in my tummy for nine months. It is like my child. I love him like my own. I treat him like any other children."Chanbua, who lives with her six-year-old son and three-year-old daughter, said she would raise Gammy as if the boy was her own. "I love him," she said. "He was in my tummy for nine months. It is like my child. I love him like my own. I treat him like any other children."
Surrogacy services in Australia needed to be overhauled so another child did not face the same plight, said Sam Everingham of Surrogacy Australia. "We do want to see the Australian government putting money into surrogacy education and support for families who are at the moment going overseas with the government really just turning their back on them," he told the ABC. Surrogacy services in Australia needed to be overhauled so another child did not face the same plight, said Sam Everingham, of Surrogacy Australia. "We do want to see the Australian government putting money into surrogacy education and support for families who are at the moment going overseas with the government really just turning their back on them," he told the ABC.
Sarah Taylor Jones, part of the UK-based surrogacy support network Surrogacy UK, said complicated international laws were leaving children and parents vulnerable. "It was a disaster waiting to happen, and I was frankly just surprised something like this hasn't happened before," she said. "International surrogacy is very impersonal and very commercial."Richard Perrins, a solicitor specialising in surrogacy at Natalie Gamble Associates, said an increasing number of couples were looking for surrogate mothers overseas because of the difficulty in finding one in their own country. In the UK surrogacy is legal, but a couple can only pay "reasonable expenses" to a surrogate mother. "There is a push for more regulation in this area, because if it was clearer where people stand both parties would be more at ease," he said. Gammy's case was rare, he added. "In general, people have very positive outcomes from surrogacy. More often than not, it doesn't go wrong."Sarah Taylor Jones, part of the UK-based surrogacy support network Surrogacy UK, said complicated international laws were leaving children and parents vulnerable. "It was a disaster waiting to happen, and I was frankly just surprised something like this hasn't happened before," she said. "International surrogacy is very impersonal and very commercial."Richard Perrins, a solicitor specialising in surrogacy at Natalie Gamble Associates, said an increasing number of couples were looking for surrogate mothers overseas because of the difficulty in finding one in their own country. In the UK surrogacy is legal, but a couple can only pay "reasonable expenses" to a surrogate mother. "There is a push for more regulation in this area, because if it was clearer where people stand both parties would be more at ease," he said. Gammy's case was rare, he added. "In general, people have very positive outcomes from surrogacy. More often than not, it doesn't go wrong."
Surrogacy rules around the world
Rules on surrogacy vary from country to country, which can lead to pitfalls and complications for would-be parents. The practice is banned in many countries including Germany, Italy, France and Sweden. In other countries, such as the UK and Australia, the laws are more complex.
In Australia it is illegal to pay a woman to carry a baby, although medical costs and reasonable expenses can be paid. If an altruistic surrogate cannot be found couples with the means to do so from some states can travel overseas to pay a surrogate, but the Australian Capital Territory, New South Wales and Queensland have banned residents from doing so.
In the UK it is legal to use a surrogate mother, but couples can only pay reasonable expenses, leading to a shortage of UK surrogates. Using a foreign surrogate is not explicitly outlawed but a couple bringing a child born of a surrogate into the UK must apply for a parental order to have parental rights.
UK law treats the surrogate mother (and if she is married her husband) as the child's legal parents, even if the intended parents are named on the foreign birth certificate. However, there is now "an established history of parental orders being granted in international surrogacy cases", according to specialist lawyers Natalie Gamble.
Paying for a woman to carry a child is legal in about 19 US states, which have laws recognising compensated surrogacy, according to international surrogacy non-profit Families Through Surrogacy. Another 10 allow unpaid surrogacy. Such laws tend to enable would-be parents to change the birth certificate of the child and gain legal recognition of parenthood. All children born via surrogacy in the US are eligible for a US passport, regardless of the citizenship of their parents.
India is a popular destination for parents looking for a surrogate mother as commercial surrogacy is legal and the costs are significantly lower than in developed nations. Since last year would-be parents must now travel to India onhave a Ssurrogacy visa, which are only available to heterosexual married couples living in a country which accepts cross-border surrogacy. India has hundreds of IVF clinics but only about fifteen which are "set up to cope well with the needs of foriegners engaging in surrogacy", according to Families Through Surrogacy. Rising demand from abroad for Indian surrogate mothers has turned "surrogacy tourism" there into a billion dollar industry.
It is also legal to pay in Ukraine, Georgia and Russia. According to FTS "Foreign Intended Parents do not have to travel to Georgia to sign surrogacy contracts, but can instead mail an apostiled Power of Authority, authorising surrogacy agency staff to sign on their behalf. Both intended parents names appear on the Ukrainian/Georgian birth certificate."
And in Thailand on 22 July the government announced a crackdown on commercial surrogacy and announced surrogates must be a blood relative. According to FTS some Thai-based surrogacy websites have been taken off-line so operators to review content to ensure it complies with Thai medical guidelines and avoid prosecution.