Being considered to be an ‘equal’ can be a long journey for some, and in this case being equal is having a family much like any other Australian couple. With opposed laws and regulations even across the water. Australian couples are struggling to express their full potential and dreams of a perfect ‘family’. Fertility has been falling on a slow decent, according to recent studies by The Department of Family and Community Services whom have correlated that ‘the higher levels of education, and socioeconomic position, the more likely a couple faces infertility’ (DSS 2001). Due to this growing rate, couples have distanced themselves to far measures, and many were successful, til now.
In recent events, a controversial ’60 minute interview’ with David Farnell aged 57, a pedophile convicted ’22 times with child sex molestation’s’ (Yahoo News, 2014) and his wife, Wendy, were accused for abandoning their son ‘Gammy’ with Down syndrome and taking his healthy twin sister to Australia from their Thai surrogate mother in Thailand. This very scandal has threatened the system of commercial surrogacy across Thailand and their government whom is now taking considerable actions to protect Thai surrogate mothers:
Since Sunday 3rd of August, authorities throughout Thailand and Australia are working together and have ‘cracked down on commercial surrogacy laws’ (The Sydney Morning Herald 2014) since the ‘Baby Gammy scandal’. According to ABC News (2014) ‘since baby Gammy’s case, a number of fertility clinics have been forced to shut down’ and insisting Thair surrogate mother to ‘enlist and register with authorities’ (The Sydney Morning Herald 2014) as they wish to ‘protect mothers with an estimated 150 babies whom have Australian biological parents’. Surrogacy arrangements in Thailand ‘currently have no impending laws’ (Australian Embassy Thailand 2014) and a ‘draft law is now under construction to regulate surrogacy’ since the scandal in Thailand. For further information to the current ‘Surrogacy Arrangements’ see here: DIAC Surrogacy Arrangement.
David Farnell’s interview has now alerted our local government and Thailand’s authorities, that the commercial surrogacy has attracted over ‘150 Australian couples whom are now caught up in Thailand since the baby Gammy scandal’ (Mercury 2014). All Australian parents whom were planning to depart Bangkok recently with their new arrivals, were soon cancelled and now must ‘obtain permission from Thailand’s Family Juvenile Court to take home their babies born to Thai surrogate mothers’ (Illawarra Mercury 2014). According to the Illawarra Mercury (2014), ‘Thailand’s immigration authorities have now discussed the matter with the Australian embassy in Bangkok’ whom have ‘required parents an order from the court confirming the birth mothers agreement in transferring the custody of the child’ to the biological parents.
Two Australian couples have been reported to have been trying to leave Thailand since the controversy, one of which are a ‘same-sex couple whom were traveling with the surrogate mother’ according to the Illawarra Mercury (2014). The ABC (2014) reported that ‘current infringements in South Australia, Western Australia and the ACT prevent same-sex couples to arrange surrogacy agreements’ hence a growing number of couples have resorted to commercial surrogacy in Thailand. The same-sex couple have broken their silence and reported to The Age (2014) that ‘Australian parents unable to bring their surrogate babies home are distressed and out of pocket’ the couple has recently been ‘allowed to fly out with their baby to Singapore’ (The Age 2014) whilst other couples are still emotionally distraught and stressed in Bangkok undergoing negotiations:
Baby Gammy’s case has ‘demanded surrogacy background checks’ (The Sydney Morning Herald 2014) due to his biological father whom has a strong history for child sex offences. Surrogacy laws in Australia and ‘the practice of commercial surrogacy in Thailand’ have had its contentions though why didn’t authorities do anything until ‘baby Gammy’ came to light? David Farnell, insisted he had ‘no clue in regards to Thai local laws on surrogacy nor did he seek legal advice’ (60 Minutes 2014), due to the nature of his history, his daughter claims ‘he is a good dad, and I believe in the system’ and that David and his wife Wendy have been ‘trying for a child for nearly 10 years’ according to the Australian (2014). The Australian reported that ‘David and his wife did not leave Gammy behind as he was handicapped, but because we supposedly has a heart condition’, in my opinion why didn’t he say this in his 60 Minute interview?? All he could do was mutter and sulk.
In the end, the Farnell’s have left many couples in Thailand amongst the political limbo. As for baby Gammy and his mother, Pattaramon Chanbua, after more than a ‘million and over views’ (The Sydney Morning Herald 2014) charities such as ‘Hands Across the Water’ have reportedly received ‘$240,000 for Gammy’s plight’ (Channel Nine News 2014).
Whilst stricter requirements mean ‘couples are urged by local authorities to seek independent legal advice both in Thailand and Australia’ (The Illawarra Mercury 2014). This is a rare and saddened case, and now, commerical surrogacy will be monitored and regulated in Thailand but will also focus on countries such as ‘India, Vietnam and Mexico’ (The Sydney Morning Herald 2014). It is clear that humans best virtue is that child safety comes first.
References:
ABC News, 2014, Australian couples allowed to leave Thailand with twins, viewed 18 August 2014, http://www.abc.net.au/news/2014-08-16/australian-couple-allowed-to-leave-thailand-with-twins/5675296
Australian Embassy Thailand, 2014, Children born as a result of surrogacy arrangement in Thailand, viewed 18 August 2014, http://www.thailand.embassy.gov.au/bkok/DIAC_surrogacy_arrangement.html
Department of Family and Community Services 2001, Australias fertility rate: trends and issues, fact sheet, viewed 18 August 2014, http://www.dss.gov.au/sites/default/files/documents/05_2012/facssheet9.pdf
Illawarra Mercury, 2014, Two Australian couples with surrogate babies stopped at bangkok airport, viewed 19 August 2014, http://www.illawarramercury.com.au/story/2489836/two-australian-couples-with-surrogate-babies-stopped-at-bangkok-airport/
News Ltd, 2014, Channel nine paid just $5000 to hands across the water after interview with baby Gammys biological parents, viewed 18 August 2014, http://www.news.com.au/entertainment/tv/channel-nine-paid-just-5000-to-hands-across-the-water-charity-after-interview-with-baby-gammys-biological-parents/story-e6frfmyi-1227027434088
The Age, 2014, Thailand surrogacy Australian couple caught in crackdown break their silence, viewed 18 August 2014, http://www.theage.com.au/world/thailand-surrogacy-australian-couple-caught-in-crackdown-break-their-silence-20140819-105p6g.html
The Australian, 2014, Baby Gammy’s dad David Farnell a reformed man says daughter, viewed 19 August 2014, http://www.theaustralian.com.au/news/baby-gammys-dad-david-farnell-a-reformed-man-says-daughter/story-e6frg6n6-1227023104523
The Sydney Morning Herald, 2014, Thailand’s surrogate mothers urged to register with authorities, viewed 18 August 2014, http://www.smh.com.au/world/thailands-surrogate-mothers-urged-to-register-with-authorities-20140818-1059hh.html
The Sydney Morning Herald, 2014, Gammys case demands surrogacy background, viewed 19 August 2014, http://www.smh.com.au/comment/smh-editorial/gammy-case-demands-surrogacy-background-checks-20140807-101c2v.html
Communication and the Polictical process 