Providing Protection for Surrogated Woman and Child According to The Law on Protection of a Child Born by Medically Assisted Reproductive Technology

Abstract

This study aimed to analyse the law related to use of Medically Assisted Reproductive Technology in the case of other woman receiving surrogacy by using In Vitro Fertilization (IVF) method to obtain qualified embryos for embedding and then bring back into the uterus of a surrogate woman which such action may cause a surrogacy contract consisting of special conditions. For to treat an infertility situation for infertile people through legal operation. This Act does not prescribe the appropriate protection for surrogate woman health and the sufficient rights of surrogate woman which may be infringed on sexual health and reproductive rights. Moreover, in the case that lawful husband and wife die before a birth of child, this Act only prescribes a surrogate woman being a temporary conservator until a new conservator is appointed. This situation causes a surrogate woman taking a burden beyond agreed in the contract. This thesis emphasizes the comparative study of relevant concepts, theories and rules of Thailand and foreign countries to search for appropriate guidelines used in developing and improving related provisions.

             From the study there is no provision providing adequate protection for the health of surrogate woman. This Act prescribes surrogate woman being a temporary conservator until a new conservator is appointed. In other words, this provision forces a surrogate woman to be a child supporter causing her taking a burden beyond agreed in the contract and other problems in child raising which directly affect a child in the future. 

             The researcher has the following suggestions: is that there should amend the provisions regarding the rules of providing protection to surrogate woman by requiring lawful husband and wife to make a health insurance for a surrogate woman and a child born from surrogacy so that a surrogate woman has the rights to fully receive medical treatment from the cost of insurance and is that there should amend the provisions in the case of lawful husband and wife intending to have a surrogacy die before a birth of child by prescribing the officer according to the Child Protection law being as a temporary conservator until appointing a child conservator is executed. Moreover, there should amend the provisions by stipulating lawful husband and wife intending to have a surrogacy have the duty to do their own life insurance to get protection during a surrogacy and a child is the beneficiary, as well as allowing the Child Protection Fund under the Child Protection law taking responsibility of maintaining benefits and having the power to use money received from Life insurance in supporting a child as necessary and appropriate.