New draft law to protect surrogate mothers, offspring

By Nanthida Puangthong

The Nation

BANGKOK: -- The Cabinet yesterday approved draft legislation for children born through the use of Assisted Reproductive Technologies (ART), deputy government spokesman Bhumin Leeteeraprasert said.

This law permits two kinds of surrogate pregnancy: the one that uses the egg and sperm of a married couple; or one that uses the egg or sperm of either a husband or a wife, paired with the sperm or egg of another person.

According to the draft law, the Juvenile and Family Court would be given the authority of judging paternity cases for such children and a committee would be set up to protect the children. It also stipulates that the surrogate mother should be married, and her husband should consent to another man's sperm being used. The draft law also authorises the Medical Council to set the criteria, methods and financial conditions for the care of surrogate mothers before, during and after the pregnancy.

The draft law also covers the criteria for the donation of eggs or sperm, their storage and the use of ART. It also prohibits the use of the egg or sperm of donors who have died without leaving written consent.

It also lists punishment for unethical doctors and makes transitory provision for endorsing medical professionals to be responsible and provide ART services according to the Medical Council's regulations.

It also covers a transitory provision to endorse the rights of those born through the use of ART before this law goes in effect provided a request is filed with the authorised court to declare a surrogate child as a legitimate offspring of a couple that resorted to ART.

-- The Nation 2010-05-12

[newsfooter][/newsfooter]

A very good move by the governement , totally concurr

This is fabulous news. It is a great step forward for Thailand.

It unfortunately comes too late to help my wife and I, who are currently expecting our child from a surrogate mother in the next few weeks, but the fact that they are finally addressing this issue will help the thousands of people who suffer from issues related to gestational surrogacy.

As for my wife, she will need to legally adopt her own children. I doubt this new law can be passed in time to simplify this process.

Does anyone know where an English translation of the draft law is available?

Edited May 12, 201016 yr by BuddhistDruid

This is fabulous news. It is a great step forward for Thailand.

It unfortunately comes too late to help my wife and I, who are currently expecting our child from a surrogate mother in the next few weeks, but the fact that they are finally addressing this issue will help the thousands of people who suffer from issues related to gestational surrogacy.

As for my wife, she will need to legally adopt her own children. I doubt this new law can be passed in time to simplify this process.

Does anyone know where an English translation of the draft law is available?

Surrogacy Laws in Thailand.rtf