New law on gestational surrogacy in Thailand, presented at a conference on surrogacy law, Hong Kong, 2016

1. New Law on Surrogacy
and Assisted
Reproduction in Thailand
Background and Ethical Analysis
Soraj Hongladarom, Departmentof Philosophyand Center for Ethics of Science and Technology,
Chulalongkorn University

3. Outline
Background of the new law
Content of the law
Ethical analysis - law represents an international framework on top of a
distinctly Eastern approach (Buddhism)

4. Background
Thailand is a popular center for transnational surrogacy.
Reasons
Controversies
Who is going to be the legal father or mother?
Baby Gammy
Japanese father ‘producing’ a large number of babies
Baby Carmen

8. The New Law
Passed by the National Legislative Assembly and proclaimed into law on May
1, 2015
Protection of Children Born through Medical Technology-Assisted
Reproduction Act, B. E. 2558

9. Provisions
Establishment of the Commission on Protection of Children Born through
Medical Technology-Assisted Reproduction
Undersecretary of Public Health
President of Medical Council
Representatives from Ministries of Human Development, Department of Health, Commission
on Child Protection
Presidents of the Royal Colleges of Pediatrics, Psychiatry, and Obstretrics/Gynecology

10. Provisions
Six experts in relevant fields
Authority and function of the Commission

11. Provisions
Only licensed medical personnel can perform surrogacy.
Mandatory examination of surrogate mother and the couple.
Pre-implantation genetic diagnosis and other tests on embryo are allowed in
the first 14 days.
Artificial insemination is allowed under the regulations of the Medical Council.

12. Surrogacy
Commissioning couple have to be Thai citizens, or else have been legally
married for not least than 3 years.
Surrogate mother has to be blood related to either the commissioning father
or mother but no mother or direct descendant of either. Exception can be
provided under regulation of the Medical Council.
Surrogate mother has to have at least one child already.
Use of donated egg from a third person is allowed, but the egg of the
surrogate mother is not allowed.

13. Surrogacy
No surrogacy can be performed for commercialization purposes.
Ministry of Public Health will issue announcement of fees for surrogacy.
Termination of pregnancy can be performed with written authorization by both
the commissioning parents. But if the surrogate mother does not consent,
then the surrogacy contract becomes null and void.
No advertisement of services.

14. Who are the Legal Parents?
The law clearly specifies that the commissioning couple will be the legal
guardians of the child born through surrogacy.
Egg donor can claim no right of parent.

15. Analysis
Long history of deliberation on this law.
Emphasis on the role of the Medical Council and the medical professionals.
Strict ban on commercialization
No middlemen; entirely medical procedure

16. Analysis
Loophole -- many regulations of the Medical Council specified in the law have
not been drafted or publicized.
Medical Council tends to look at the matter on a case by case basis.
Buddhist scholars, however, tend to be more conservative.