The law banning commercial surrogacy takes effect in Thailand

30.07.2015

A new child protection act prohibiting commercial surrogacy and the trade of sperm and eggs is due to take effect today.

According to the Public Health and Social Development and Human Security Ministries, the new law says the only people entitled to exploit assisted reproductive technology are childless, married, heterosexual couples.

Such strict provisions have been included to prevent reproductive technology being abused for commercial surrogacy, human trafficking, or child abandonment.

The law also says children born with the help of assisted reproductive technology will be legally recognised as the offspring of the heterosexual married couples seeking legal surrogacy, Public Health Minister Rajata Rajatanavin said yesterday.

Additionally to the commercial surrogacy ban, surrogacy brokering, surrogacy service advertising and the trade or import of sperm, eggs or foetuses are also prohibited.

Currently more than 60 medical institutions in Thailand can provide assisted reproductive technology to married couples with reproductive difficulties. Under the new law, only legally married couples that pass an assessment by certified doctors will be eligible to seek a surrogacy service.

Thais who are married to a foreigner will be required to wait at least three years from the day of their marriage registration to become eligible for the service, he added.

Doctors providing assisted reproductive technology must apply for permission to the Bureau of Sanatorium and Healing Arts to perform the technology on patients on a case-by-case basis. Only biological sisters of the person seeking surrogacy services are allowed to serve as surrogate mothers, he said. But in the case that both husband and wife are the only children in their families, an outsider surrogate mother will be allowed.

For years, Thailand boasted a lucrative — yet largely unregulated — international surrogacy trade, which proved particularly popular among gay couples. But in February legislation was passed banning foreigners from using Thai surrogates after a series of high-profile scandals. That law takes effect today.

Source: bangkokpost.com