article: A top justice judge has said that Australian women should have the choice to be paid to be a surrogate mother. Speaking at the University of Queensland in Brisbane on Friday night, Justice Diana Bryant told a room full of journalists that surrogacy laws currently in place need a major overhaul to prevent cases of abandonment. She said she believes that because commercial surrogacy is banned in Australia, hopeful parents are forced to enter into unlawful arrangements overseas. Scroll down for video . A top judge in Brisbane has said that surrogacy laws need to be overhauled to prevent a repeat of the baby Gammy (pictured with his mother) case . 'I personally think we should regulate and allow commercial surrogacy in Australia,' she said. 'If we allow it in Australia, we then can regulate it and ensure that it's done on ethical terms.' Her statement is backed up by a recent bout of child abandonment cases, where parents have  refused to carry through with overseas surrogacy deals. This week an Australian couple were slammed after they left a baby boy born to their Indian surrogate with his mother after she unexpectedly gave birth to twins. Documents revealed the shocking details of the case that saw a couple return to Australia with a baby girl while leaving her twin brother behind. Justice Diana Bryant (pictured) has spoken out about Australia's surrogacy laws . The couple reportedly told staff they wanted a baby girl to 'complete their family'. They was told the boy would be left stateless if they followed through on plans to abandon him, because India does not recognise surrogate children as citizens. The Indian case is similar to the controversial baby Gammy scenario. Gammy was born in Thailand to a surrogate mother, however after reportedly learning that he had a disability, his Australian parents, West Australian couple Wendy and David Farnell, only brought  his twin sister home with them. The Farnells returned to Australia with Gammy's twin sister Pipah, while Ms Chanbua remained with Gammy in Thailand's Chonburi province. Mr Farnell, a convicted child sex offender, retained custody of Pipah late last year after an investigation by the WA Department for Child Protection. Gammy pictures with his Thai surrogate mother Pattaramon 'Goy' Chanbua during a trip to the beach . In November, WA Child Protection Minister Helen Morton said there would be 'continual and rigorous testing' of a safety plan that had been developed for Pipah. Following these cases the Thai government  passed a law criminalising surrogacy and prohibiting foreigners from seeking surrogacy services. The law, which prohibits the act of hiring women commercially to carry foetuses to term, aims to stop Thailand from being a surrogacy hub for foreign couples. Currently in Australia, it is illegal for women to act as surrogates, except in the Northern Territory where there are no laws in place to stop the act. In NSW, ACT and Queensland, arranging a contracted surrogacy overseas is also considered a criminal offence. Child protection officials in Western Australia are still conducting an 'extensive and rigorous' assessment into the welfare of Gammy's twin sister Pipah, pictured with David and Wendy Farnell . 'I think the Government could eliminate some of the worst aspects of international surrogacy by devising some ethical requirements that need to be met before intending parents are permitted to bring a child back into Australia,' Justice Bryant said. Justice Bryant also said Australian surrogacy should be legalised as many of the children who are currently born to surrogates overseas will never get the chance to meet their biological mothers. 'That child is never going to know their biological mother, and in those cases, there is absolutely no opportunity for them ever to find out,' she said. 'The knowing the biological parentage for me would be one of the first steps and I think we have a responsibility as a country to make sure the worse aspects of commercial surrogacy are overcome.'
highlights: Top judge said Australian commercial surrogacy needs to be legalised .
  Justice Diana Bryant said current surrogacy laws need to be scrutinised .
  She believes it will stop abandonment cases like that of baby Gammy .
  It means it can be done on ethical terms and avoid legal complications .
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