MEASURES TO CONTROL MEDICAL TECHNOLOGY ASSISTED IN REPRODUCTION

Abstract

This research aims to 1) study the evolution, concepts and theories related to the use of medical reproductive technology by surrogate pregnancy, 2) study the laws of Thailand, Canada and the Commonwealth of Australia (Queensland), 3) analyze the problems of legal measures and 4) suggest guidelines for amending laws for efficiency. This research is a qualitative research by using the document research method by searching and collecting data from legal texts, books, articles, academic documents, research, theses and information from the internet in both Thai and foreign languages to proceed with amending laws for efficiency.

The research findings indicated that:

1. 1. The use of medical reproductive technology by surrogate pregnancy has evolved from infertility treatment. In the past, artificial insemination was used, and later developed into surrogate pregnancy. The concept arose from the need to continue the human race and solve the problem of inability to have children or difficulty having children. The state enacted laws to control surrogate pregnancy so that it is not misused by applying the theory of criminal liability and the theory of criminal punishment to enact laws with criminal penalties.


2. 2. Thailand has established legal measures to control commercial surrogacy and to prevent the misuse of medical reproductive technology, as stated in the Protection of Children Born from Medical Reproductive Technology Act B.E. 2558. Canada has established legal measures to control commercial surrogacy and to prevent the misuse of human reproductive technology, as stated in the Human Reproduction Assistance Act B.E. 2004. In the Commonwealth of Australia (Queensland), legal measures to control commercial surrogacy and to provide comprehensive protection to children and those involved in surrogacy are stated in the Surrogacy Act B.E. 2010.


3. 3. Canadian law imposes several higher penalties than Thai law, by providing criminal penalties including imprisonment and fines, which is different from Thai law, which is only a moral penalty that affects the effectiveness of intimidation and deterrence. The law of the Commonwealth of Australia (Queensland) clearly defines commercial surrogacy, defines the scope of medical liability, specifies the protection of the data or objects of the parties involved, and provides for the protection of the child after the child is born. This is different from Thai law, which does not specify the definition of the scope of liability and adequate protection.