The case of Gammy, the baby boy born to a Thai surrogate mother and rejected by the Australian parents has sparked international debate of a moral and legal nature.
The baby, born with a congenital heart condition and Down’s Syndrome, was one of twins. It is understood that the Australian couple who paid the Thai woman to be their surrogate, returned to Australia with Gammy’s healthy twin after rejecting Gammy.
Reports suggest that the couple tried to persuade the surrogate to have an abortion after they became aware of Gammy’s condition, but she refused on religious grounds.
The couple deny this and claim they were only aware of the healthy child, which they took home.
Although the surrogate has indicated she will raise Gammy as her own and money has been raised to assist with the medical treatment he requires, the case raises any number of concerns.
It also highlights the lack of international regulation on surrogacy arrangements. Commercial surrogacy is largely unregulated in Thailand and is a flourishing industry there.
Some in the legal profession support an international treaty to regulate such arrangements. What changes this case will prompt remains to be seen.