They’ve been awarded custody of baby Gammy’s twin sister Pipah, but now David and Wendy Farnell could face perjury charges for lying about the identity of their egg donor.
The couple had signed a sworn affidavit that said Wendy had supplied the eggs for the embryo, however it was later revealed in the press that they had used an anonymous donor.
The allegations have been referred to the Western Australia Director of Public Prosecutions after initially being raised by Family Court Chief Justice Stephen Thackray during the custody ruling earlier this month, reports WA Today.
“The fact the Farnells told the same lie to their family provides strong evidence of their belief they were acting in Pipah’s best interests, but it provides no excuse for taking the lie one step further by repeating it under oath,” he said.
If convicted of perjury, the couple could face up to 14 years behind bars.
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The Farnells first attracted controversy in 2014, after their Thai surrogate, Pattaramon Chanbua, accused them of abandoning Gammy because he has Down Syndrome.
Chanbua, who looks after Gammy, unsuccessfully sued the West Australian couple for custody of Pipah this month, amid controversy about David Farnell’s previous child sex convictions.
The court ruled that the little girl could remain with the couple under strict conditions, which include David not being alone with her.