THE RESTRICTION ON INTERNATONAL INTENDED PARENTS IN LEGAL MEASURES TO CONTROL AN OPERATION OF SURROGACY

Abstract

The operation of surrogacy in Thailand is currently regulated by the Protection of a Child Born by Medically Assisted Reproductive Technology Act, B.E. 2558 (2015), requiring that the intended parents be Thai nationals. In cases where a husband or wife is not a Thai national, registration of their marriage must be at least three years before the request. Despite enforcement of the Act since 2015, illegal transnational surrogacy still occurs unimpededly, with detrimental effects on the health and societal welfare of children born through surrogacy. This article studied restrictions on international intended parents according to the Act and legislation of the United Kingdom and India, which also impose international int ended parent restriction measures. Results were that socioeconomic backgrounds and motives of surrogates are key factors in the practical effectiveness of anti-transnational surrogacy laws. Therefore, the attempt to strictly govern surrogacy by banning transnational surrogacy in Thailand has not halted such dealings, but merely drove them underground. The Act should be reformed in terms of provisions on intended parents’ nationality as well as additional criteria for the Committee for the Protection of a Child Born by Medically Assisted Reproductive Technology (PMRT) to grant permission for surrogacy to international parents to protect the welfare of children born through surrogacy.