An Analytical and Comparative Studies of Convention on Protection of the Rights of the Child and The Protection of a Child Born by Medically Assisted Reproductive Technologies Act, B.E. 2558 (2015): A Case Study of the Children Born from Assisted Reproductive Technologies

Abstract

The research designed to studies the background, purposes, and principles of the convention on protection of the rights of the child and the protection of a child born By medically assisted reproductive technologies act, B.E 2556 (2015): a case study of the children born from assisted reproductive technologies. The qualitative research methodology consisted of literature reviews and used an in-depth interview of 7 employees working in gestational surrogacy and lawmaking in Thailand. Then, the result of the literature review and interview was analyzed and compared. The research showed that the two pieces of legislation originated from the problems of violations of child rights. The convention on the rights of the child is an international treaty that provides a framework for lawmaking in each country. Such laws must meet or exceed the standards prescribed in the convention on the rights of the child. Hence, Thailand introduced the protection of a child born by medically assisted reproductive technology act, B.E. 2558 (2015) in order to protect the rights of a child born by medically assisted reproductive technologies. Although the principles for protection of the rights of a child were determined, the standard principles defined in the convention on the rights of the child were not able to be reached. Furthermore, the protection of a child born by medically assisted reproductive technology act, B.E. 2558 (2015) cannot protect the rights of a child born by medically assisted reproductive technologies inclusively, especially LGBT groups. Besides, the legal issues of using a gamete cell in gestational surrogacy are quite controversial. Most importantly, a lack of strict clinical diagnosis of people involved risks a child inheriting genetic diseases or the spread of communicable diseases from a surrogate mother and child abandonment. Therefore, the Thai government should execute measures: 1) Amend the protection of a child born by medically assisted reproductive technology act, B.E. 2558 (2015) to be consistent with the principles for the protection of the rights of a child prescribed by the Convention on the rights of the child and consider the rights of a child born from assisted reproductive technologies arising from LGBT groups; 2) Disallowed donation of gametes in the surrogacy process, and implement a strict clinical diagnosis by prescribing diseases that should be examined in addition to the general physical examination; 3) must have strict legal enforcement of the medical professions and a surrogate mother under the act.