By . Lucy Thackray For Daily Mail Australia . and Sarah Michael For Daily Mail Australia . and Freya Noble For Daily Mail Australia . According to Thai surrogacy laws, baby Gammy's biological parents have no claim to their son, and Gammy's surrogate mother can not be forced to give up custody. This comes after the couple claimed, 'we want to get our son back' during an interview with 60 Minutes, despite allegations they abandoned their son after they learned he had Down's syndrome. However, Thai civil law states that the birth mother, 21-year-old Pattharamon Janbua, is Gammy's legal mother and that Gammy and his twin sister Pipah were both born Thai citizens. A person becoming a parent through Thai surrogacy cannot get custody of the child until the birth mother relinquishes her parental rights to child by allowing the child to be adopted. Accordingly, the Farnells have no legal parental rights and no automatic claim over either child. Scroll down for video . Thai surrogate mother Pattaramon Chanbua, 21, is the legal mother of baby Gammy according to Thai surrogacy laws, meaning his Australian biological parents have no parental rights over Gammy, nor over Gammy's twin sister, Pipah. The couple insisted that they will return to Thailand to bring Gammy to Australia, explaining 'we miss our little boy.' The story of baby Gammy has caused a media storm and public outrage, after it was revealed that the seven-month-old baby was rejected by his Australian parents after they discovered that he is handicapped. The couple, the Farnells, took Gammy's twin sister, Pipah back to their home in Western Australia and have spoken publicly for the first time. In the interview on Sunday night, Mr Farnell claimed that Ms Janbua threatened to contact the authorities and keep both children, which gave the Farnells no choice but to flee with their baby girl. '(Ms Janbua) said that if we tried to take our little boy, she's going to get the police and she's going to try and take our little girl and she's going to keep both of the babies," he said. Wendy (left) and David (right) Farnell, the couple who turned to a Thai surrogate to try and conceive, are pictured with their daughter, Pipah. Under Thai law, they have no claim to Pipah, nor to her twin brother Gammy, unless the birth mother chooses to give the child up for adoption. Ms Janbua agreed that she exercised her rights under Thai law to refuse giving Gammy to the Australian couple. 'I did not allow Gammy to go back with them, that's the truth,' Ms Janbua told The Associated Press on Sunday, which conflicts with her earlier accusation that the couple had abandoned the baby boy. 'It is because they would have taken Gammy back and put him in an institute.' The Farnells only chance of taking custody of Gammy is if Ms Janbua agrees to give up the baby for adoption. Comments from the babies' surrogate mother, Ms Janbua, indicate she will not give up the child that she is raising as her own son. Baby Gammy being cared for in hospital by his surrogate mother, who it has been revealed is Gammy's legal mother, according to Thai surrogacy laws . Responding to the interview, Ms Janbua said the Farnells were 'dreaming' if they thought they could now take Gammy back to Australia, stuff.co.nz reported. 'I will take care of my baby until I die ... no-one will take my baby away from me,' Ms Chanbua said. 'I want them to come to Thailand. I will take Gammy to see them. But they will never get my boy. 'You are dreaming. You are already guilty of abandoning Gammy and now you think you can get away with this.' Ms Farnell told 60 minutes, 'we always wanted our son... We miss him everyday.' David Farnell denies reports that they abandoned Gammy. 'We never abandoned him. ‘We never said to the surrogate mother to have an abortion. There is always hope. At the very beginning, when we found out he had Down’s syndrome we said we still wanted him,' said Mr Farnell. Pattaramon Chanbua (left), Gammy's birth mother, pictured with her husband (right) and the baby boy that is at the heart of the scandal that has outraged Australia. David Farnell is a convicted paedophile with 22 convictions for child sex offences, including one against a girl aged seven. The 57-year-old sobbed in the interview when asked if they were concerned that the daughter in their care, Gammy's twin Pipah, would be taken away from them. 'I hope she won't be,' he replied through tears. The Farnells have admitted that they have not contacted Ms Chanbua to enquire about Gammy's wellbeing since they left Thailand, nor have they contacted authorities for help. Between 100 and 200 Australians are currently involved in Thai surrogacy and are being affected by the announcement that commerical surrogacies are being banned in Thailand. A picture of Gammy, posted by his birth mother, Pattaramon Chanbua, who has sworn to care for the child 'until the day she dies.' This is both affecting parents that cannot leave Thailands with newborns and those that are awaiting the birth of their biological children, through Thai surrogates. Australia has pressed the Thai government to allow a transition period before it bans commercial surrogacy in a bid to allow Australians to receive children being carried by Thai surrogate mothers. The request made by Foreign Minister Julie Bishop comes a day after a Thai surrogacy agency was shut down by authorities. As many as 50 Australian couples may have lost the opportunity to be parents after the Bangkok IVF clinic was shut down with Thai authorities suspecting links to an international baby trafficking organisation. Following the closure of the All IVF Center on Friday, there are grave concerns that Thai surrogate mothers could abort their babies now they have no support from the clinic as the baby Gammy scandal has seen 40 clinics raided in a serious crackdown across Thailand. Foreign minister Julie Bishop (left) has called on Thailand to allow a transition period before banning commercial surrogacy a day after All IVF Clinic in Bangkok was shut down.  Dr Pisit Tantiwattanakul (right) was the centre's director . An estimated 70 per cent of Australian couples seeking surrogacy attended the All IVF clinic . Surrogacy Australia founder Sam Everingham has called on the Thai authorities to ensure all of the clinic's surrogates are safe and the biological parents will be reunited with their babies at birth .
According to Thai surrogacy laws, a child's legal mother is the birth mother .
Gammy was born a Thai citizen and Australian parents have no legal claim .
People becoming parents through surrogacy cannot take custody of a child unless the birth mother allows them to adopt the child .
'Parents' of Gammy and twin Sister Pipah say 'we want our son back'
Gammy's birth mother says David and Wendy Farnell are 'dreaming' if they think they can take Gammy back to Australia .
Thailand has proposed changes to its surrogacy laws in response to the International surrogacy scandal .
By . Lucy Thackray For Daily Mail Australia . and Sarah Michael For Daily Mail Australia . and Freya Noble For Daily Mail Australia . According to Thai surrogacy laws, baby Gammy's biological parents have no claim to their son, and Gammy's surrogate mother can not be forced to give up custody. This comes after the couple claimed, 'we want to get our son back' during an interview with 60 Minutes, despite allegations they abandoned their son after they learned he had Down's syndrome. However, Thai civil law states that the birth mother, 21-year-old Pattharamon Janbua, is Gammy's legal mother and that Gammy and his twin sister Pipah were both born Thai citizens. A person becoming a parent through Thai surrogacy cannot get custody of the child until the birth mother relinquishes her parental rights to child by allowing the child to be adopted. Accordingly, the Farnells have no legal parental rights and no automatic claim over either child. Scroll down for video . Thai surrogate mother Pattaramon Chanbua, 21, is the legal mother of baby Gammy according to Thai surrogacy laws, meaning his Australian biological parents have no parental rights over Gammy, nor over Gammy's twin sister, Pipah. The couple insisted that they will return to Thailand to bring Gammy to Australia, explaining 'we miss our little boy.' The story of baby Gammy has caused a media storm and public outrage, after it was revealed that the seven-month-old baby was rejected by his Australian parents after they discovered that he is handicapped. The couple, the Farnells, took Gammy's twin sister, Pipah back to their home in Western Australia and have spoken publicly for the first time. In the interview on Sunday night, Mr Farnell claimed that Ms Janbua threatened to contact the authorities and keep both children, which gave the Farnells no choice but to flee with their baby girl. '(Ms Janbua) said that if we tried to take our little boy, she's going to get the police and she's going to try and take our little girl and she's going to keep both of the babies," he said. Wendy (left) and David (right) Farnell, the couple who turned to a Thai surrogate to try and conceive, are pictured with their daughter, Pipah. Under Thai law, they have no claim to Pipah, nor to her twin brother Gammy, unless the birth mother chooses to give the child up for adoption. Ms Janbua agreed that she exercised her rights under Thai law to refuse giving Gammy to the Australian couple. 'I did not allow Gammy to go back with them, that's the truth,' Ms Janbua told The Associated Press on Sunday, which conflicts with her earlier accusation that the couple had abandoned the baby boy. 'It is because they would have taken Gammy back and put him in an institute.' The Farnells only chance of taking custody of Gammy is if Ms Janbua agrees to give up the baby for adoption. Comments from the babies' surrogate mother, Ms Janbua, indicate she will not give up the child that she is raising as her own son. Baby Gammy being cared for in hospital by his surrogate mother, who it has been revealed is Gammy's legal mother, according to Thai surrogacy laws . Responding to the interview, Ms Janbua said the Farnells were 'dreaming' if they thought they could now take Gammy back to Australia, stuff.co.nz reported. 'I will take care of my baby until I die ... no-one will take my baby away from me,' Ms Chanbua said. 'I want them to come to Thailand. I will take Gammy to see them. But they will never get my boy. 'You are dreaming. You are already guilty of abandoning Gammy and now you think you can get away with this.' Ms Farnell told 60 minutes, 'we always wanted our son... We miss him everyday.' David Farnell denies reports that they abandoned Gammy. 'We never abandoned him. ‘We never said to the surrogate mother to have an abortion. There is always hope. At the very beginning, when we found out he had Down’s syndrome we said we still wanted him,' said Mr Farnell. Pattaramon Chanbua (left), Gammy's birth mother, pictured with her husband (right) and the baby boy that is at the heart of the scandal that has outraged Australia. David Farnell is a convicted paedophile with 22 convictions for child sex offences, including one against a girl aged seven. The 57-year-old sobbed in the interview when asked if they were concerned that the daughter in their care, Gammy's twin Pipah, would be taken away from them. 'I hope she won't be,' he replied through tears. The Farnells have admitted that they have not contacted Ms Chanbua to enquire about Gammy's wellbeing since they left Thailand, nor have they contacted authorities for help. Between 100 and 200 Australians are currently involved in Thai surrogacy and are being affected by the announcement that commerical surrogacies are being banned in Thailand. A picture of Gammy, posted by his birth mother, Pattaramon Chanbua, who has sworn to care for the child 'until the day she dies.' This is both affecting parents that cannot leave Thailands with newborns and those that are awaiting the birth of their biological children, through Thai surrogates. Australia has pressed the Thai government to allow a transition period before it bans commercial surrogacy in a bid to allow Australians to receive children being carried by Thai surrogate mothers. The request made by Foreign Minister Julie Bishop comes a day after a Thai surrogacy agency was shut down by authorities. As many as 50 Australian couples may have lost the opportunity to be parents after the Bangkok IVF clinic was shut down with Thai authorities suspecting links to an international baby trafficking organisation. Following the closure of the All IVF Center on Friday, there are grave concerns that Thai surrogate mothers could abort their babies now they have no support from the clinic as the baby Gammy scandal has seen 40 clinics raided in a serious crackdown across Thailand. Foreign minister Julie Bishop (left) has called on Thailand to allow a transition period before banning commercial surrogacy a day after All IVF Clinic in Bangkok was shut down.  Dr Pisit Tantiwattanakul (right) was the centre's director . An estimated 70 per cent of Australian couples seeking surrogacy attended the All IVF clinic . Surrogacy Australia founder Sam Everingham has called on the Thai authorities to ensure all of the clinic's surrogates are safe and the biological parents will be reunited with their babies at birth .
parents have no claim to their son, and Gammy's want to get our son back' during an interview surrogacy cannot get custody of the child until Pattaramon Chanbua, 21, is the legal mother of Gammy's twin sister, Pipah back to their home in unless the birth mother chooses to give the child mother, according to Thai surrogacy laws . Farnells were 'dreaming' if they thought they could now take Gammy back to Australia, Gammy and now you think you can get away with David Farnell is a convicted paedophile with 22