An Australian couple who abandoned a boy born in a surrogacy deal in India were repeatedly told the child would be left stateless , new evidence shows . Documents reveal the shocking details of the case that saw a couple return to Australia with a baby girl while leaving her twin brother behind . Australian government officials had full knowledge of the startling ordeal , according to documents obtained the ABC . An Australian couple who abandoned a boy born in a surrogacy deal in India were repeatedly told the child would be left stateless , new evidence shows ( stock image ) The FOI documents reportedly show staff at the Australian High Commission in India and Department of Foreign Affairs and Trade were aware the couple was from New South Wales , where it is illegal to enter into international surrogacy arrangements . Conversations between the Australian High Commission in New Delhi and Government officials in Canberra detail how the couple travelled to India in late 2012 and seeked citizenship for a baby girl but told consular staff they would be leaving her twin brother behind because they could not afford him . The couple reportedly told staff they wanted a baby girl to 'complete their family ' . The Australian man told consulate staff he would be giving the boy to some friends in India 'who were unable to conceive a child ' , according to the report . The couple 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 . Documents reveal the shocking details of the case that saw a couple return to Australia with a baby girl while leaving her twin brother behind . 'If the parents do not apply for Australian citizenship for the child , the child will be stateless in India ... our ability to provide assistance to a non Australian citizen is limited , ' a DFAT email in December , 2012 said . There were also fears last year that the boy may have been sold . Chief Justice of the Family Court , Diana Bryant , said consular staff had told her of their concerns . The FOI documents reportedly show staff at the Australian High Commission in India and Department of Foreign Affairs and Trade were aware the couple was from New South Wales , where it is illegal to enter into international surrogacy arrangements . 'They expressed to me that in fact money had changed hands , and if that 's true , then that 's basically trafficking children , ' she said . 'We 're commoditising children and that 's a huge concern . It 's in breach of all sorts of human rights conventions – it 's a criminal offence in many places . ' If money was paid , any adoption would be deemed invalid under India 's Hindu Adoption Act . The Indian case is similar to the recent baby Gammy case , who was born in Thailand to a surrogate mother and whose Australian parents only brought back his twin sister . The full story will be shown on ABC 's Foreign Correspondent at 8pm on Tuesday .
Australian couple who abandoned baby knew they were breaking the law . Documents reveal the Australian government had knowledge of the ordeal . Couple told staff they only wanted a baby girl to 'complete their family ' It was feared the abandoned boy may have been sold .