“2014 Thai surrogacy controversy”的意思、由来-开放百科全书

In July 2014, an internationally publicised incident occurred in which a Thai woman, Pattaramon Janbua, who had been hired as a surrogate mother for an Australian couple, sought to raise money for her critically ill surrogate son. The baby had been in her care since she gave birth in December 2013; biological parents David Farnell and Wendy Li had left Thailand that month with baby Gammy's twin sister Pipah.^[1]^[2]

When ultrasound results seven months into the surrogate pregnancy indicated that Ms Pattaramon was carrying twins and that one of the twins, a boy, had Down syndrome, the Farnell and Li requested that she abort him, and that they would keep only the child's twin sister.^[3] Ms Pattharamon refused, citing her Buddhist beliefs, and instead opted to raise the boy (named Gammy) on her own. Thai surrogacy laws dictate that a child's legal mother is its birth mother.^[4] The Farnells returned to Australia in December 2013, bringing baby Gammy's twin sister Pipah with them.^[5]

After the story broke to media, donors amassed a fund of over $250,000 to help baby Gammy.^[6]

The incident raised questions about the ethics of gestational surrogacy. Also, the fact that David Farnell is a convicted sex offender (he was sentenced to three years in prison in 1997 for molesting two girls aged 7 and 10) has also caused controversy.^[7]^[8] There were also rumors that the Farnells believed that Gammy had died, but this was not true; it was David Farnell's adult daughter who claimed that Gammy died and she did so because she thought it would be easier to explain it to her friends.^[9]

In response to the controversy, Thailand authorities reportedly banned surrogate babies from leaving the country with their parents. Hundreds of foreign couples were reported to have been affected. A law was also drafted making paid surrogacy a criminal offense in Thailand.^[10]^[11]

In response to the controversial Baby Gammy incident in 2014, Thailand since July 30, 2015, has banned foreign people traveling to Thailand, to have commercial surrogacy contract arrangement, under the Protection of Children Born from Assisted Reproductive Technologies Act. Only opposite-sex married couples as Thailand residents are allowed to have a commercial surrogacy contract arrangement. In the past Thailand was a popular destination for couples seeking surrogate mothers.^[12]^[13]^[14]

A charity involved in the case has stated that David Farnell has tried to access the funds raised for Gammy.^[15] However, an inquest into Farnell and Li's contact with his daughter case by Australian authorities found that there was no evidence to suggest Farnell ever attempted to access the funds set aside for Gammy. ^[16] Additionally, it was found Farnell and Li had attempted to bring Gammy home, but the surrogate mother initially had objections and had intended to adopt Gammy without Farnell and Li, so they had left Gammy behind in a mix-up of cultural and language barriers.^[17]

It was ruled Pipah is not allowed to be alone with David Farnell and the agreement that she must be read a photobook with age appropriate language every three months for the foreseeable future that explains her father's offenses.^[18]

Janbua is now attempting to gain Australian citizenship for Gammy, by stating that Gammy was Farnell and Li's, thus an Australian citizen, which would allow her to petition for citizenship.

References

1. ^{{cite news|url=http://www.dailymail.co.uk/news/article-2712562/Australian-couple-abandon-six-month-old-Down-syndrome-baby-poverty-Thai-surrogate-mother-healthy-twin-sister.html|first1=Sarah|last1=Dean|first2=Louise|last2=Cheer|first3=Daniel|last3=Mills|date=1 August 2014|title='I will take care of Gammy on my own:' Thai surrogate mother says she will take care of the critically-ill Down's syndrome baby as fundraising for his medical care tops $155,000|newspaper=Daily Mail Australia|archivedate=2 August 2014|archiveurl=https://archive.is/20140802084554/http://www.dailymail.co.uk/news/article-2712562/Australian-couple-abandon-six-month-old-Down-syndrome-baby-poverty-Thai-surrogate-mother-healthy-twin-sister.html}}
2. ^{{cite news|url=http://www.smh.com.au/world/david-and-wendy-farnell-demanded-refund-for-gammy-20140810-102kpn.html|archiveurl=https://web.archive.org/web/20140810184727/http://www.smh.com.au/world/david-and-wendy-farnell-demanded-refund-for-gammy-20140810-102kpn.html|archivedate=10 August 2014|title=David and Wendy Farnell demanded refund for Gammy|first=Rachel|last=Browne|date=11 August 2014|newspaper=The Sydney Morning Herald|publisher=Fairfax Media}}
3. ^{{cite news|url=http://www.smh.com.au/world/wendy-farnell-did-not-supply-the-egg-gammys-thai-mother-says-20140810-102joz.html|archiveurl=https://web.archive.org/web/20140810162936/http://www.smh.com.au/world/wendy-farnell-did-not-supply-the-egg-gammys-thai-mother-says-20140810-102joz.html|archivedate=10 August 2014|first=Lindsay|last=Murdoch|title=Wendy Farnell did not supply the egg, Gammy's Thai mother says|date=10 August 2014|newspaper=The Sydney Morning Herald|publisher=Fairfax Media}}
4. ^{{cite news|url=http://www.dailymail.co.uk/news/article-2722089/Gammys-birth-mother-legally-mother-according-Thai-law-meaning-Australian-parents-no-claim-no-way-bring-home.html|archiveurl=https://archive.is/20140819163335/http://www.dailymail.co.uk/news/article-2722089/Gammys-birth-mother-legally-mother-according-Thai-law-meaning-Australian-parents-no-claim-no-way-bring-home.html|archivedate=19 August 2014|title=Gammy's biological parents have NO claim on him under Thai law... despite saying they want their Down syndrome son they had through surrogate back|publisher=Daily Mail Australia|date=12 August 2014|first1=Lucy|last1=Thackray|first2=Sarah|last2=Michael|first3=Freya|last3=Noble}}
5. ^{{cite news|url=http://www.perthnow.com.au/news/western-australia/jane-farnell-daughter-of-gammys-dad-david-farnell-says-his-past-has-absolutely-nothing-to-do-with-this/story-fnhocxo3-1227022838981|title=Jane Farnell, daughter of Gammy’s dad David Farnell, says his past has ‘absolutely nothing to do with this’|first=Calla|last=Wahlquist|newspaper=Perth Now|date=13 August 2014|publisher=News Ltd}}
6. ^{{cite news|url=http://www.abc.net.au/7.30/content/2014/s4089822.htm|title=Baby Gammy story takes startling turn as extreme options revealed|publisher=Australian Broadcasting Corporation|date=17 September 2014|archiveurl=https://web.archive.org/web/20140919105934/http://www.abc.net.au/7.30/content/2014/s4089822.htm|archivedate=19 September 2014|first=Samantha|last=Hawley}}
7. ^{{cite web|url=http://www.dailymail.co.uk/news/article-2721499/We-wanted-refund-Downs-baby-aborted-him.html|title=Gammy's father David Farnell and Li "wanted a refund for Down's Syndrome baby"|publisher=Daily Mail Australia|date=11 August 2014|first=Natalie|last=Clarke|archiveurl=https://archive.is/20140815150344/http://www.dailymail.co.uk/news/article-2721499/We-wanted-refund-Downs-baby-aborted-him.html|archivedate=15 August 2014}}
8. ^{{cite web|url=http://www.news.com.au/national/baby-gammys-sister-jane-farnell-defends-paedophile-dad/story-fncynjr2-1227023252933|title=Baby Gammy’s sister Jane Farnell defends paedophile dad|archiveurl=https://web.archive.org/web/20140819114123/http://www.news.com.au/national/baby-gammys-sister-jane-farnell-defends-paedophile-dad/story-fncynjr2-1227023252933|archivedate=19 August 2014|date=13 August 2014|publisher=News Limited}}
9. ^{{cite web|url=http://www.smh.com.au/national/i-thought-it-would-be-easier-to-say-gammy-died-farnell-daughter-20140813-103gs2.html|title='I thought it would be easier to say Gammy died': Farnell daughter|archiveurl=https://web.archive.org/web/20140906103042/http://www.smh.com.au/national/i-thought-it-would-be-easier-to-say-gammy-died-farnell-daughter-20140813-103gs2.html|archivedate=6 September 2014|first=Shanelle|last=Miller|newspaper=The Sydney Morning Herald|publisher=Fairfax Media|date=13 August 2014}}
10. ^{{cite news|url=https://www.telegraph.co.uk/news/worldnews/asia/thailand/11035743/Thailand-bans-surrogate-babies-from-leaving-after-Baby-Gammy-controversy.html|title=Thailand bans surrogate babies from leaving after Baby Gammy controversy|date=15 August 2014|newspaper=The Telegraph|first=Jonathan|last=Pearlman}}
11. ^{{cite news|url=https://www.theguardian.com/lifeandstyle/2014/aug/13/thailand-ban-surrogacy-gammy|title=Thailand to ban commercial surrogacy in wake of Gammy scandal|archiveurl=https://web.archive.org/web/20140826122649/http://www.theguardian.com/lifeandstyle/2014/aug/13/thailand-ban-surrogacy-gammy|archivedate=26 August 2014|date=13 August 2014|newspaper=The Guardian}}
12. ^{{cite web|url=http://www.news.com.au/world/breaking-news/new-thai-surrogacy-law-bans-foreigners/story-e6frfkui-1227465560844|title=New Thai surrogacy law bans foreigners|publisher=}}
13. ^{{cite web|url=http://www.bangkokpost.com/news/general/637960/law-banning-commercial-surrogacy-takes-effect-thursday|title=Bangkok Post|first=Post Publishing|last=PCL.|publisher=}}
14. ^{{cite web|url=http://www.lgbtqnation.com/2015/08/thailand-bans-commercial-surrogacy-for-lgbts-singles-foreigners/|title=Thailand bans commercial surrogacy for LGBTs, singles, foreigners|date=7 August 2015|publisher=}}
15. ^{{cite web|url=http://www.abc.net.au/news/2015-05-19/baby-gammys-biological-father-tries-to-access-raised-donations/6479346|title=Gammy's biological father tries to access donations raised for child|date=18 May 2015|publisher=}}
16. ^{{cite web|url=https://www.theguardian.com/lifeandstyle/2016/apr/14/baby-gammys-twin-sister-stays-with-western-australian-couple-court-orders|title=Baby Gammy's twin can stay with Australian couple despite father's child sex offences|first=Michael|last=Safi|date=14 April 2016|publisher=}}
17. ^{{cite news|title=Family cleared of abandoning baby Gammy|url=http://www.abc.net.au/news/2016-04-14/baby-gammy-twin-must-remain-with-family-wa-court-rules/7326196|accessdate=23 February 2018|work=ABC News|date=14 April 2016|language=en-AU}}
18. ^http://www.theaustralian.com.au/news/nation/gammys-dad-sex-offender-david-farnell-granted-custody/news-story/11bda4f050f12da08aade51f4c613b4b