Problems Concerning the Application of Conflict of Laws Act, B.E. 2481 (1938) for the Determination of Legal Parenthood of Children Born out of Surrogacy
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Abstract
This documentary research examines the state of legal problems that may arise from disputes before Thai courts regarding the legal parenthood of a child born out of surrogacy in cases with foreign elements.
The findings reveal that Thai substantive law clearly states that lawful husband and wife intending to have a child shall be the legal parents of the child born out of surrogacy, whereas the application of the Conflict-of-Laws Rules Act, B.E. 2481 may lead to the application of foreign substantive law denying legal parenthood of the intending parents even in cases which the surrogacy is lawful under Thai law. To alleviate such effects, this study suggests the use of various mechanisms of Conflict-of-Laws Rules, such as renvoi, or international public order exception to limit the effects of the application of such foreign law in Thai courts. Moreover, the Conflict-of-Laws Rules should be amended to contain specific provisions for the issues of legal parenthood of children born out of surrogacy.
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