An Australian couple are nervously waiting in Thailand with their new born twins as new surrogacy laws prevent them from leaving the country.

Adam and Kate Osborne, from Kempsey, NSW, are the latest parents to be caught up in Thai law changes that make commercial surrogacy illegal.

• Couple flee Thailand with twins
• New Thai surrogacy scandal

Their twins Mali and Sierra-Leone were born to a surrogate mother on July 22 but to bring them home they reportedly need a court order which could take up to six months and cost them $50,000.

“Petrified really … were so nervous about leaving words can’t describe it. It makes you feel sick,” Mr Osborne told News Corp Australia.

The new laws follow controversy over twins born to Australian parents via a surrogate, which left one of the babies abandoned after he was diagnosed with Down syndrome.

It was later revealed the father of the twins had been charged with pedophilia.

Last week a same-sex Australian couple also caught up in the law changes were allowed to leave Thailand after authorities completed background checks.