Seven-month-old baby Gammy's Australian parents, David and Wendy Farnell, who are accused of abandoning him after discovering that he had Down syndrome, face the possibility of human trafficking charges if they were ever to return to Thailand. Gammy was born through a Thai surrogacy deal to Thai mother Pattaramon Chanbua.

International surrogacy laws in Thailand have been in the eye of a storm after a baby boy with Down syndrome, named Gammy was abandoned by his Bunbury parents, David and Wendy Farnell. His surrogate Thai mother claimed that Gammy's parents had asked her to abort the baby when they discovered that he had Down syndrome, and took his twin sister Pipah home, but left Gammy back at the hospital.

Professor Prasopsuk Boondej, former president of the Thai Senate and of the Appeal Court, told Seven News that foreigners cannot take away a child without correct adoption papers, and if they did, they would be charged with human trafficking. David and Wendy Farnell never applied for adoption certificates for Gammy or his sister Pipah. Boondej further said that even though they have a surrogate mother contract, the babies are still Thai citizens, and hence the Farnells' can be subjected to charges of human trafficking, as per the laws in Thailand. The office of Scott Morrison, Immigration Minister made it clear on The West Australian last night that Pipah was undoubtedly an Australian citizen.

Meanwhile, Jane Farnell, the daughter of the convicted child sex offender, David Farnell, came to the defense of her father and said that she was very lucky to grow up with her dad and assured everybody that Pipah is safe in his care. Ms. Farnell believes that her father is a reformed man and added, "I believe in the system - they wouldn't have let him out or let him see me again if they thought he was a risk."

When asked why the Farnells first made a statement that they thought Gammy was dead, Ms. Farnell said that she was responsible for that news. "The only reason I told my friends that he had died was that it was easier than dragging them into all the confusion. I thought it would be easier to say he had passed away and then have to explain it later on if he came home."

Ms. Farnell, who is expecting her own baby, said that her parents were heart broken when they returned home without Gammy. The couple claims that they had to leave their little boy back in Thailand for fear of leaving both babies in Thailand.