The considerations regarding the surrogacy Law

Abstract

            This paper analyzed perspective related law governing surrogacy which has been chronically involving commercial surrogacy. This issue has been occurred in Thai society for long time and rarely targeted as the vital problem since it has been carried out among a few groups of people. Last dramatic appearance of the illegal surrogacy in Thailand, broadcasted on headlines and social media, exposed that the illegal commercial surrogacy  was committed by the foreigners and Thai surrogate mothers. Additionally, there were consequences of many disputes such as refusing to adopt the down syndrome surrogate baby, contending for being a guardian, hiring large numbers of surrogate mothers, or being one biological father for of many surrogate babies etc. These surrogacy cases were taken into account as human trafficking with the question that whether Thai laws were suitable for solving these surrogacy problem cases and also were effecting on international agreement.

            Nowadays, there were laws concerning with Protection of a Child Born By Medically Assisted Reproductive Technology Act, B.E. 2558. And if the surrogacy is aspect as human trafficking, it is going to be concerned with Anti-Human Trafficking Act, B.E. 2551 and Human Trafficking Criminal Procedure Act, B.E. 2559. These are related to many problems about the law enforcement and unsuitable with Thailand’s present circumstance.

            This article presented that the Act does not prohibit to surrogacy absolutely. It is able to be committed with humanity concern, but not being conducted as commercial surrogacy. Furthermore, there are some provisions with many limitations uncorrelated to the social circumstances that the surrogacy is still committed. Considerably, in case of humanitarian surrogacy, the author suggested to reduce stringent conditions and broaden the scope of surrogacy by increasing the expense and compensation rates to high enough regarding expensive surrogacy costs in reality. Furthermore, besides close relatives, other persons should be allowed to become surrogate mothers with individually condition setting and being considered by The Protection Of a Child Born By Medically Assisted Reproductive. Technology Committee. These should be considerate toward some possible enforcements of new laws such as Civil Partnership Bill that provides the same-sex marriage. Finally, to concern child protection law, there should be psychologists or related officers consulting, advising, and taking care of mental state of surrogate children being raised up by different cases of biological and surrogate mothers who are living together, single people, or even LGBT.