Thai gov. to tax (remitted) income from abroad for tax residents starting 2024 - Part II

[Lite Beer]

New surrogacy law becomes effective as of July 30

BANGKOK: -- The new surrogacy law will become effective as of July 30 and those who are involved in commercial surrogacy services be they doctors, nurses, surrogate mothers and even brokers will face a jailterm of up to ten years and a maximum fine of 200,000 baht.

Public Health Minister Ratchata Ratchatanavin said Wednesday that the new law was designed to protect babies born from surrogacy services and to help legally married couples who have difficulties of having their own babies.

Also, the law was meant to prevent the hiring of women to become surrogate mothers and trafficking in human beings and it bans the sale, import or export of human eggs, sperms and embryos, said the minister, adding that parents cannot reject their surrogate babies.

Doctors who fail to abide by the Medical Council’s standards regarding surrogacy services will be liable to one year imprisonment and/or 20,000 baht in fine. If the surrogacy services are provided for commercial purpose, the imprisonment will be increased to 10 years and/or a fine of 200,000 baht.

Source: http://englishnews.thaipbs.or.th/new-surrogacy-law-becomes-effective-as-of-july-30

-- Thai PBS 2015-07-29

[webfact]

SURROGACY
New law slams the door on the business
Pratch Rujivanarom
The Nation



BANGKOK: -- A NEW LAW on assisted reproductive technologies, which takes effect today, will effectively put an end to Thailand's once-booming surrogacy business.

Although the law will not be retroactive, foreigners will no longer be able to seek commercial surrogacy services in Thailand.

Statistics show that more than 2,000 foreign couples came to Thailand each year for the services, but the Act to Protect Babies Born through Assisted Reproductive Technologies from now on strictly requires that surrogate mothers must be relatives of the couples who have had infertility problems. In addition, it will not allow surrogacy for same-sex couples.

Yesterday, Public Health Minister Rajata Rajatanavin announced at a press conference that the move was aimed at controlling artificial fertilisation technology for couples with infertility and set up the legal status and regulations on surrogacy services, which had previously caused both moral and humanitarian problems such as surrogacy businesses or the neglect of children.

Rajata said the new act requires couples who would like to receive the surrogacy service to have been legally married for at least three years and one of them will have to be a Thai citizen. They also have to be confirmed by a doctor as being infertile.

"Under the new act, foreign couples cannot seek the surrogacy service in Thailand. Homosexuals also are not allowed to receive the service because Thailand has not yet legalised same-sex marriage," he said.

He added that these restrictions were for surrogacy, but foreigners are still allowed to undergo other artificial fertilisation techniques for a woman to conceive.

He explained that to prevent the surrogacy business in the future, the new act stipulates that the surrogate mother will have to be a sibling of the couple who already has her own child and has the consent of her husband for the surrogacy.

"However, if the couple cannot find a surrogate mother who meets their requirements, they can find another woman to bear their child but the candidate will have to be strictly examined by the Public Health Ministry's Act to Protect Babies Born through Assisted Reproductive Technologies committee," he added.

According to the act, a child born from surrogacy will be a legitimate child of the couple and the parents will have to announce the childbirth to the authorities. However, if the legitimate parents pass away before the child's birth, the surrogate mother will be the child's temporary guardian until the court rules on the case.

Public Health Ministry deputy permanent secretary Amnuay Gajeena said about 45 clinics provide surrogacy services in Thailand.

"Of them, six have already been shut down and the concerned persons arrested," Amnuay stated.

"Anyone who breaks this law will be punished with up to 10 years in jail or a fine not exceeding Bt200,000. The selling of sperm, ovum and embryo is also banned," he said.

Regarding surrogacy cases, which had run into problems before the act came into effect, he stated that these cases have to be judged under the civil law and Children Protection Act 2003, as the new act is not retroactive.

The surrogacy business had previously caused many conflicts and lawsuits between the parents and the surrogate mothers. A recent case involved a US gay couple, who could not take their daughter out of the country because the surrogate mother refused to sign papers giving them custody of their baby, leading to the "Bring Carmen Home" campaign.

Source: http://www.nationmultimedia.com/national/New-law-slams-the-door-on-the-business-30265541.html


-- The Nation 2015-07-30

[zaphod reborn]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

Edited July 29, 2015 by zaphod reborn

[jaidam]

Good to see something being done about the trade in human babies. If Gadd and Townshend "marry", I firmly believe it is not their right to buy a child - in any country - and for any reason. The old way was better. Man meets woman, they have intercourse and create a new life. Old fashioned but it does make sense.

[magnacarta]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

You have fallen into the trap that you think lawyers know everything and are the fountain of all wisdom.get yourself a problem and ask them to act for free.When you get the bill you might have a different opinion,correct me if I am wrong.

[LukKrueng]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

If you meant the many many foreign couples that came here to buy-a-baby, I guess you are right. They won't be able to legally do it in Thailand anymore,and guess what - that was Exactly what the Legislators meant to be

Thai / mixed Thai couples should have no problems what so ever to meet the requirements for surrogacy.

[zaphod reborn]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

If you meant the many many foreign couples that came here to buy-a-baby, I guess you are right. They won't be able to legally do it in Thailand anymore,and guess what - that was Exactly what the Legislators meant to be

Thai / mixed Thai couples should have no problems what so ever to meet the requirements for surrogacy.

Look at the requirements for being a surrogate mother. Only a sister of the couple seeking surrogacy can be a surrogate mother. In addition, the sister must be married, have the consent of her husband, and already have her own child. What kind of idiot drafted this legislation? Obviously, a product of the Thai educational system.

[Morakot]

Legislators in Thailand never get it right, because they are not properly educated as lawyers.

Last thing legislators ought to be are lawyers. They should be elected politicians.

You are confused about the role of politicians and parliamentary draftsmen.

"The job of a parliamentary draftsman is to draft the detailed form of proposed laws, in a way that will accurately reflect the intentions of the politicians who are promulgating them, without leaving loopholes or producing perverse results"

Edited July 30, 2015 by Morakot

[Morakot]

Look at the requirements for being a surrogate mother. Only a sister of the couple seeking surrogacy can be a surrogate mother. In addition, the sister must be married, have the consent of her husband, and already have her own child.

Read the article and see that not only the sister can be a surrogate mother, but other women may be possible.

"However, if the couple cannot find a surrogate mother who meets their requirements, they can find another woman to bear their child but the candidate will have to be strictly examined by the Public Health Ministry's Act to Protect Babies Born through Assisted Reproductive Technologies committee," he added.

Which seems to mean a sister can "automatically" act as surrogate mother, any other women will be at the discretion of a committee. On the surface this act looks relatively lax to most legislation in continental Europe, I'd say.

Edited July 30, 2015 by Morakot

[magnacarta]

If only you people knew the reality of Thailand and how easy it is to get a baby, I am thankful it is so lax,I can't divulge my own circumstances here .But suffice to say I have a beatutiful almost 13 yo daughter which myself and my Thai wife had since she was 10 days old.her biologiical mother gave her up for free.My stipulations were that the baby was free from disease and no money would change hands.her mother had,to my knowledge at least 5 children,either aborted or given away Had we not taken our daughter god knows what kind of life she might be living now.I am not a goody 2 shoes looking for praise,I only know she has given us so much joy and is such a deserving child that you cannot put a financial value on.I also have 3 grown up mature successful daughters plus 5 grand children back home.By the way there is a very large orphanage in Chaeng Wattana Road,not far from immigration.You would not know it was there unless you have been told or have local knowledge.

[LukKrueng]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

If you meant the many many foreign couples that came here to buy-a-baby, I guess you are right. They won't be able to legally do it in Thailand anymore,and guess what - that was Exactly what the Legislators meant to be

Thai / mixed Thai couples should have no problems what so ever to meet the requirements for surrogacy.

Look at the requirements for being a surrogate mother. Only a sister of the couple seeking surrogacy can be a surrogate mother. In addition, the sister must be married, have the consent of her husband, and already have her own child. What kind of idiot drafted this legislation? Obviously, a product of the Thai educational system.

You didn't read the whole thing. Read again. In the part about the surrogate mother, the last part, it says: "If not the relative of the couple..."

That means that there are solutions for Thai legitimate couples who have no willing or able siblings for the task.

Regarding the requirement for the surrogate mother to have her own child already - this is common in the west as well for both physical and mental health of the mother and child. BTW - it doesn't say she must be married, just that she must already have a child of her own. As it is common for women with kids to also have a husband, in such a case she must have her husband's consent for the surrogacy. Would you like your wife to go get pregnant without your knowledge / consent?? And if the husband does not sign a consent now, who can guarantee he won't insist on keeping the new child?

Seems to me that in this case the legislators actually did a pretty good job, checking regulations of other countries and adapting them to local need and culture.

[gamini]

The law makes sense. It excludes Gay couple. A child needs a mother. I can not imagine the stigma a child would have if raised by two fathers

[Monomial]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

Sadly this is an accurate portrayal of the new restrictions. I know 2 farang/Thai couples who have needed a surrogate. In one case, the wife had no female siblings, and her brother's wife acted as the surrogate. Luckily they did this years ago before the misopedic beauracrats wrote this law. Under this rather perverted definition of who can be a surrogate, they would have been forbidden a child. I know some of the trolls on this forum would cheer that this is a good thing, but for them I would only say that I hope you receive exactly the same level of compassion from others when you are suffering from an affliction.

One can only hope that the Public Health Ministry releases sensible guidelines for surrogates that remove these ridiculous and arbitrary restrictions.

[Morakot]

The law makes sense. It excludes Gay couple. A child needs a mother. I can not imagine the stigma a child would have if raised by two fathers

I don't think that's what the Act is trying to do.

The article seems to say that the Act only allow that what the current law understands as marriage. As soon as same-sex marriage is legalised, the Act may provide for this in some form (actual wording, judicial interpretation or legislative amendment).

Edited July 30, 2015 by Morakot

[micmichd]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

Glad to see that Thai ladies are not regarded to be the womb's of the world anymore.

If Farangs want to raise babies and can't make them, there's a way to do it. It's called adoption.

[PETERTHEEATER]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

If you meant the many many foreign couples that came here to buy-a-baby, I guess you are right. They won't be able to legally do it in Thailand anymore,and guess what - that was Exactly what the Legislators meant to be

Thai / mixed Thai couples should have no problems what so ever to meet the requirements for surrogacy.

Look at the requirements for being a surrogate mother. Only a sister of the couple seeking surrogacy can be a surrogate mother. In addition, the sister must be married, have the consent of her husband, and already have her own child. What kind of idiot drafted this legislation? Obviously, a product of the Thai educational system.

Yes, indirect incest. A sister of the male partner could be fertilised with her brother's sperm.

[jchfriis]

The restrictions are totally arbitrary and will deprive a lot of couples the opportunity to have their own children. Legislators in Thailand never get it right, because they are not properly educated as lawyers. I'm not in favor of a large commercial surrogacy industry, but there are many couples with fertility problems that won't legally be able to have their own children because of the bizarre restrictions imposed by this law.

If you meant the many many foreign couples that came here to buy-a-baby, I guess you are right. They won't be able to legally do it in Thailand anymore,and guess what - that was Exactly what the Legislators meant to be

Thai / mixed Thai couples should have no problems what so ever to meet the requirements for surrogacy.

Look at the requirements for being a surrogate mother. Only a sister of the couple seeking surrogacy can be a surrogate mother. In addition, the sister must be married, have the consent of her husband, and already have her own child. What kind of idiot drafted this legislation? Obviously, a product of the Thai educational system.

Yes, indirect incest. A sister of the male partner could be fertilised with her brother's sperm.

That is what I read as well:

"He explained that to prevent the surrogacy business in the future, the new act stipulates that the surrogate mother will have to be a sibling of the couple who already has her own child and has the consent of her husband for the surrogacy."

I can't believe they mean that.