Technologically Assisted Reproductive Medicine Surrogate Children Protection Act, B.E. 2558: a view from practitioner

Abstract

Since Louise Brown, the first embryo fertilized outside the body and returning the embryo into the uterus of the mother (In Vitro Fertilization and Embryo Transfer) was established in 1978, the knowledge and technology of reproductive medicine continues to develop rapidly.  This makes possible couples who could not have children in the past, can now have children. But some medical treatments also cause some debate over the legal and ethical issues, such as surrogacy.  Thailand has never had laws regulating medical services related to the field of reproductive technology directly, but have 2 medical council announcements, which regulate reproductive technology medical services of medical establishments and medical profession, but cannot control other personnel who are not medical profession.  This causes a legal loophole in the case that a foreign spouse hires a Thai woman for surrogacy as a business dealing.  Problems follow surrogate children.  The National Assembly has passed a law, Technologically Assisted Reproductive Medicine Surrogate Children Protection Act, B.E. 2558.  This law was published in the Royal Gazette on May 1, B.E. 2558, which covers regulation and control of medical services related to the technology of reproductive medicine. Moreover, this law indicates legal status of relationship between the child and parents clearly.  However, certain requirements of this Act may result in problems in providing medical services and complications for spouses, such as requiring In Vitro Fertilization as a technologically assisted reproductive technology, and artificial insemination can be provided only for legally married spouses only.