[NEW] (PDF) SURROGACY LAW IN THAILAND | surrogacy in thailand – Sathyasaith

surrogacy in thailand: นี่คือโพสต์ที่เกี่ยวข้องกับหัวข้อนี้

7

7.

INTERNATIONAL SURROGACY ARRANGEMENTS

The ne

w law

here

in

effect

puts an

end

to

international

surrogacy

arrangements

in Tha

iland. T

his is

because

of

the

requirement

that

the

c

ommissioning

couple

have

t

o

be

Thai

citizens,

or if one

of

the parents is

not

a Th

ai

citizen,

they

have

to

be legally marr

ied f

or

no

less

than

three years. Another requirement is

that

t

he

surrogate

mother has to

be blood relate

d to either

one of the

commissioning parents.

While the law

here only is

enforceable

in

Thailand,

children

born

through

surrogacy

arrangements

in

other

countries

are

accepted

as

legal

children provided

that the pare

nts can provi

de documentation th

at the chil

dren are accepte

d as legal i

n their own

country.

This is

a

normal

practice

according

to the

Civil

Code.

The

child

born thr

ough surrogac

y arrangeme

nts

will be

a

Thai

citizen

provided

that

one

of

his

or

her

parents is

a

Thai

citizen;

this

applies

whether

the

child

is

born in

Thailand or

not. T

hus since

the PCA

law allows

that

children born

through surrogac

y arrangements

will

be the

legal

offspring

of the

commissioning

parents,

in ca

se where

one

of t

he parents

is

a Thai

citizen,

then

the

child receives Thai citizenship

automatically.

8.

CONCLUSIONS

The conte

xt in

which the

PCA

law was

passed

was that

Thailand

was unde

r military

dictatorship.

The i

ntention

that the junta

declared to the

Thai people

was that the

y wanted to clean

up the political

scene that t

hey said were

entirely corrupt.

This is

a way

for the

junta to

justify their

usurping of

the power—the

y kept

on saying

that they

staged the coup

d’état to get t

he elected politici

ans out of power

whom they said

were corrupt. In

this

atmosphere, only a

few months af

ter the coup, the

Baby Gammy sca

ndal broke into

the scene. The

junta felt that

they needed t

o do somethi

ng fast to

shore up the

image of

the countr

y and more im

portantly of the

mselves. And

as the junta i

s in fact

an arm of

the bureaucracy (all

the army personnel

in the j

unta were bureaucrats

who aimed

to

hold

on

to

power

and

did

not

want

to

share

it

with

the

elected

politici

ans),

other

bureaucrats,

especiall

y the

medical doctor

s in

the Ministry

of Public

Health,

joined in

and helpe

d in draft

ing the

PCA law

with r

emarkable

speed.

Hence it is no surprise

that

many o

f

the provisions

in

the

law leave i

t

open

for the group

s

of

medical

doctors, especiall

y those in

the Medical

Council

and the

specialists in

the field,

to have

their way

in drafting

the

new

law.

Leaving

the

details

of

the

regulations

of

surr

ogacy t

o an

nouncements

and

regulations

of

the

Medical

Council

appears

to

be a

c

onvenient

way for

the

doctors

to

do

things

as

they

like

because

regulations

are

much

easier to pass and

amend than the

law. Thus, it is n

o surprise that to

date (the law has

been passed in A

pril 2015)

no regulati

on mentioned

in

the

law has

been

passed b

y the

Medical

Council. An

advantage

of

this r

eluctance is

that surrogacy arra

ngements is

still a ‘gre

y area’ where t

here are n

o specific regulati

ons. As mentioned

earlier in

the paper,

many

of the

arrangements

which i

n other

jurisdiction

are str

ictly regulate

d, such

as whe

ther the

baby

has a right

to know w

ho their surr

ogate mother is,

is not me

ntioned at all

in the la

w. This apparent

monopoly b

y

the

medical profession is clear

in

Article 52, which

forbids

an

ybody

who

is not

a

medical p

rofessional to do

research on the embryo under stiff penalt

y.

As a result, gi

ven the rather

loose nature of t

he PCA law,

it should be worka

ble only because

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the difficult details

are not mentioned and

re

gulations which the law

says will be passed by the M

edical Council are not yet

available. What

is

immediately

workable is

that

the s

urrogate mother

does

not actuall

y have

to be

blood

related

to either o

f the commissioning paren

ts, even though

the law appears to

be based on the i

ntention that the

surrogate mother has to act

out of her altruism towar

d the commissioning parents.

In practice, however, a foreign

couple can in fact

come to Thailand a

nd have their infertili

ty problem treated. If

the doctor prescribes

gestational

surrogacy

for

t

he

couple, arrangements

can

then b

e

made within

the

hospital itself—no

middleman

would be

needed. In t

his case, since

there is

the exception c

lause in A

rticle 21 allowi

ng for an

unrelated surrogate

mother,

a

Thai

woman

can

then

act

as

surrogate

mother

to

the

foreign

commissioni

ng c

ouple.

The

only

requirement

is

that the commiss

ioning couple d

o not have

their own rela

tives. Consequently, t

he new la

w does not

actually ban

foreign surrogacy arrangements as m

entioned in many articles on the topic.

A wa

y toward

possible

reform o

f

the

new

law

would

be

that

the

doctors

at

the Me

dical C

ouncil a

nd the

Royal

Colleges collaborate more

with people in

other professions and especiall

y with the general

public. More urgently

the

re

gulations

that are

men

tioned

in

man

y

places in

the law

need to

be passed

and widely

publiciz

ed.

The

procedure leading up to the draf

ting and passing also needs to be full

y transparent.

4

4

The author wishes to tha

nk Terry Kaan and Jens Sche

rpe for inviting him to the

Hong Kong

conference

an

d

f

or

their hospitality.

This paper

has been

parti

ally

supported by

a grant

from Chulalongkorn

University, under the Research Fellow P

roject under the Ratchadapisek

Fund.

[Update] Thailand: New Surrogacy Law | surrogacy in thailand – Sathyasaith

(Apr. 6, 2015) On February 19, 2015, the National Legislative Assembly of Thailand enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (ART Act), which will be enforced after it is published in the Royal Thai Government Gazette. ( (Feb. 19, 2015), Thai Senate website; text of the Act, Thai Senate website (both in Thai).) This act significantly protects children born through Assisted Reproductive Technologies (ART) and sets the legal procedures the spouses (referred as “applicants”) must follow in order to have such children.

Thailand has previously not had any law directly referring to surrogacy. Instead, the authorities applied a provision in the Criminal Code, which states that anyone who enslaves another person or causes a person to be in a position similar to that of a slave; transports them into or out of the country; or buys, sells, disposes, accepts, or restrains a person may be subject to imprisonment for up to seven years and fined up to 14,000 Baht (about US$430). (Thailand Penal Code (Thai Laws Specifying Crimes and Punishment), (B.E. 2499 (1956), last amended by Criminal Code (No.17), B.E. 2547 (2004)), § 312.)

Many problems arose as a result of the application of this provision, including the problem of the restriction of rights over children born through surrogacy.

The purposes of the new Act are as follows:

1) to specify the parents’ legal status;
2) to control and specify the rights and duties of related parties during and after surrogacy;
3) to control and set boundaries on the proper use of enhanced technology, especially for achieving pregnancy in procedures; and
4) to prohibit surrogacy involving a business or profit-making enterprise. (Ad Hoc Committee on National Legislative Assembly Affairs, , Thai Senate website (Jan. 22, 2015) (in Thai).)

The new Act defines ART as “any medical scientific procedure that removes eggs or sperm from a human body for the purpose of unnatural pregnancy, including artificial insemination ” of a third person. (ART Act, § 3.) Surrogacy is defined as “pregnancy by ART.” (.)

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ART applicants must be lawful spouses, and the wife cannot be pregnant. Same-sex couples cannot seek surrogacy, because Thai law has not yet provided for legally sanctioned same-sex marriage. In addition, one of the following criteria must be met:

1) both applicants (husband and wife) are Thai; or
2) if only one of the applicants is Thai, the couple must have been married for at least three years. (. § 21(1).)

The surrogate mother must:

1) be a blood relative of either of the applicants, but may not be either applicants’ parent or descendant (. § 21(2) & (3)); and
2) have had a pregnancy before the surrogacy. (. § 21(4).)

If the applicants do not have any blood relatives who can serve as the surrogate, they will be able to apply based on exceptions that will be outlined in future regulations to be issued by the Minister of Public Health. (. § 21(3).)

The approval of the husband of the surrogate mother is required for surrogacy. (. § 21(4).) The eggs of the surrogate mother may not be used for the surrogacy procedure. (. § 22(2).)

The applicants and the surrogate mother must have a written agreement before the pregnancy occurs, indicating that the applicants will be the legal parents of the child. (. § 3.) The Act also clearly states that the applicants will be the legal parents of the surrogate child and cannot deny the parentage of a child born through ART. (. §§ 29 & 33.) The Act will be applied retroactively to those children of surrogacy born before the Act’s entry into force, through a process of the parents’ seeking court approval. (. § 56.)

If anyone is involved in surrogacy for profit, he/she will be sentenced upon conviction to imprisonment for up to ten years or a fine of up to 200,000 Baht (about US$6,140). (. §§ 24 & 48.) If anyone acts as an agent by requesting or accepting money, property, or other benefits in return for managing or giving advice about surrogacy, he/she will be sentenced upon conviction to imprisonment for up to five years and/or a fine of up to 100,000 Baht. (. §§ 27 & 49.)

As for the powers and duties of government to impose regulations on surrogacy, the Act establishes a special committee under the Permanent Secretary of the Ministry of Public Health to advise the Minister of Public Health about policies to protect children born through ART, in conformity with the purposes of the Act. (. §§ 6 & 7.)

Reportedly, Mr. Kitti Wasinondh, a member of the National Legislative Assembly, and Mr. Adul Saengsingkaew, the Minister of Social Development and Human Security, believe that the new Act will reduce the surrogacy for profit and human trafficking that has resulted in maltreatment of women. (, ASTV MANAGER ONLINE (Nov. 27, 2014) (in Thai).)

Prepared by Ployparn Ekraksasilpchai, Intern, Law Library of Congress, under the supervision of Sayuri Umeda, Senior Foreign Law Specialist.


Surrogacy in Thailand


The case of Vietnamese surrogate mothers, and the participation of Alliance Anti Trafic in this case.
A factual investigation made by \”La Manif Pour Tous\” in 2017. (Shorted version)
French + English subtitles.

นอกจากการดูบทความนี้แล้ว คุณยังสามารถดูข้อมูลที่เป็นประโยชน์อื่นๆ อีกมากมายที่เราให้ไว้ที่นี่: ดูเพิ่มเติม

Surrogacy in Thailand

Baby Gammy granted Australian citizenship


For More Latest News Subscribe us:
Baby Gammy, who was born with Down’s syndrome to a surrogate mother in Thailand, has been granted Australian citizenship, local media report.
Gammy was left behind while his twin sister Pipah went home with Australian parents David and Wendy Farnell last year.
The case sparked intense debate over international surrogacy agreements.
Surrogate mother Pattaramon Chanbua said she sought Australian citizenship to safeguard Gammy’s future.
Gammy, who turned one in December, is eligible for Australian citizenship because David Farnell is his biological father.
He will now have access to healthcare in Australia and is eligible for an Australian passport.
Baby aborted
The Farnells faced heavy criticism for leaving one baby behind and taking the other. Besides Down’s syndrome Gammy has a congenital heart condition.
Ms Chanbua, the 21yearsold surrogate mother, claimed that the Farnells wanted Gammy aborted when they found out he had Down’s syndrome, but that was against her Buddhist beliefs.
In a TV interview, the Farnells said after Gammy was born, they wanted to bring both infants home.
Ms Chanbua told the Associated Press that she had then not allowed Gammy to go with them.
It was later revealed that David Farnell had child sex convictions, prompting Australia’s Department of Child Protection to launch an investigation in August.
The Farnells retain custody of Pipah but with strict court conditions, according to Australian media reports.
Gammy’s case drew donations from around the world which are being managed by an Australian charity and have been used to pay for his hospital bills and a new home for Ms Chanbua’s family. Click to Play World of Tanks: ITS FREE http://play.any.tv/SHWe6

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Baby Gammy granted Australian citizenship

Bandila: Vicki Belo confirms Scarlet Snow is her biological daughter


Lifechanging para kay Vicki Belo at Hayden Kho ang pagdating ng anak nilang si Scarlet Snow na ipinanganak ng isang surrogate mother. Pero paglilinaw ni Belo, 100% niyang anak ang bata.
Subscribe to the ABSCBN News channel! http://bit.ly/TheABSCBNNews
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Bandila: Vicki Belo confirms Scarlet Snow is her biological daughter

Surrogacy in Thailand


Help us caption \u0026 translate this video!
http://amara.org/v/5H0P/

Surrogacy in Thailand

Thai mother reacts to interview given by parents of surrogate child


(10 Aug 2014) A Thai surrogate mother, accused of threatening to keep both babies from their biological Australian parents said on Sunday that she didn’t want them to take the boy back to Australia for fear they would put him in an institution.\r
\”I did not allow Gammy to go back with them. That’s the truth,\” 21 yearold Pattaramon Chanbua told AP Television.\r
The response came after Pattaramon, a 21yearold food vendor, was told by journalists about an interview the Australian biological parents had given to an Australian television network.\r
The Australian couple denied they had abandoned their son with his Thai surrogate after learning he had Down syndrome in an interview broadcast on Sunday, and said that Pattaramon had demanded she be allowed to keep the boy.\r
Pattaramon denied that she’d ever threatened to keep both children, but agreed that she hadn’t wanted the Farnells to take Gammy home.\r
The case, which has focused global attention on the largely unregulated surrogacy industry in Thailand, became even murkier when it emerged that David Farnell had been convicted in the 1990s of multiple sex offences against young girls. \r
During an interview on Australia’s \”60 Minutes\” television programme, Farnell insisted on Sunday that his daughter is not at risk of harm from him.\r
The Farnells said they had been trying for eight years to conceive when they approached a Thai surrogacy agency for help.\r
\r
Find out more about AP Archive: http://www.aparchive.com/HowWeWork \r
Twitter: https://twitter.com/AP_Archive \r
Facebook: https://www.facebook.com/APArchives ​​\r
Instagram: https://www.instagram.com/APNews/\r
\r
\r
You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/60aff3b114eabc57014e8263c6a7a058

Thai mother reacts to interview given by parents of surrogate child

นอกจากการดูบทความนี้แล้ว คุณยังสามารถดูข้อมูลที่เป็นประโยชน์อื่นๆ อีกมากมายที่เราให้ไว้ที่นี่: ดูวิธีอื่นๆEconomy

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