The West Australian couple at the centre of the baby Gammy international surrogacy scandal could face perjury charges for lying about their egg donor.
Thai surrogate Pattaramon Chanbua, who cares for the boy with Down syndrome, unsuccessfully challenged Wendy Farnell and David Farnell for custody of his healthy twin sister, Pipah, amid concerns over Mr Farnell's previous child sex abuse convictions.
WA Family Court Chief Judge Stephen Thackray ruled this month the Bunbury couple could keep Pipah with strict conditions but noted they lied about Ms Farnell providing the egg when in fact they used an anonymous donor.
Attorney-General Michael Mischin has now referred the matter to the Director of Public Prosecutions but a DPP spokeswoman told AAP on Thursday prosecutors had not yet received the documents.
"It will be necessary for the matter to be investigated, which will be undertaken by the police upon request by the DPP," she said.
"It is not possible at this stage to confirm timeframes."
In his judgment, Judge Thackray noted the Farnells only told the truth about the identity of the egg donor after the story broke in the media.
"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.
Judge Thackray said it was an unnecessary lie and it "would not have damaged their case one jot" if they had been honest.
While ordering the papers be made available for inspection by police or the DPP, he questioned whether it was necessary to prosecute the couple.
"I am concerned about the impact on Pipah of the further stress, expense and public humiliation for her carers that would be the inevitable result," he said.
Anyone who commits perjury can face a maximum of 14 years behind bars.
