The parents of baby Gammy could face up to 14 years in jail for lying in court about the genetic make-up of Gammy and his twin sister Pipah while under oath.
David and Wendy Farnell could be charged with perjury after WA Attorney General Michael Mischin on Thursday referred the allegations to the Office of the Director of Public Prosecutions to investigate.
The Bunbury couple were awarded custody of two-year-old Pipah on April 14th after the Family Court ruled that the young girl could continue to live with the Farnell’s under strict conditions.
Baby Gammy, who has Down’s Syndrome, continues to live with his surrogate mother, 22-year-old Pattaramon Chanbua, in Thailand.
During the judgement, Justice Thackray said that the Farnell's had lied under oath. They told the court that Wendy had been the egg donor for the twins when the couple had actually used an anonymous egg donor.
"I note that the Farnell's only told the truth about the identity of the egg donor after the story broke in the media."
He said there was "no excuse" for the lie, but added he was concerned about the criminal proceedings would have on Pipah given the "stress, expense and public humiliation" for her carers.
A spokeswoman for Attorney-General Michael Miskin confirmed perjury allegations had been referred to the DPP.