Surrogacy, as a way to realize parenthood goals for many, has gained popularity across almost every part of the globe. Still, certain countries are simply going reverse in terms of flexible legal frameworks regarding surrogacy practices in their territories. Thailand, eminent for its medical tourism, once used to be the surrogacy hub of the world. In any case, the legal scene around surrogacy in Bangkok has advanced drastically, impacted by different high-profile cases and ethical contemplations. So, is it recommended to proceed with your child-seeking aspirations in this part of the world? Well, to know more about this, we have to have a detailed look around to the surrogacy laws in Thailand. That said; let's take a sneak peek into the legal rights of intended parents in Thai surrogacy as they stand nowadays.
Surrogacy in Bangkok: History and background!
Up until 2015, Thailand was a major center for commercial surrogacy, pulling in couples from around the world. Be that as it may, after random debates and controversies, including the "Baby Gammy" case, the Thai government chose to clamp down on the commercial surrogacy industry to avoid potential misuse and abuse of the surrogate mother in Thailand.
While these cases have a big impact on the legal system around surrogacy in the country, they further banned surrogacy practices for the international intended parents. Besides, a list of surrogacy agencies and clinics came under the radar of the Thai government for certain unethical practices.
The legal System:
In 2015, Thailand passed the Protection of Children Born from Assisted Reproductive Technologies Act (ART Act). That said, the key highlights of this law concerning the rights of intended parents were as follows:
Prohibition of Commercial Surrogacy: The Act entirely disallows commercial surrogacy in Thailand. Besides, this implies that making any type of payment, apart from vital medical costs, to the surrogate mother in Thailand is unlawful.
Surrogacy for Thai Nationals: According to the law, only hetero Thai couples, with at least one partner being a Thai national, can seek after surrogacy process in Thailand. Moreover, this basically banned international intended parents from looking for surrogacy arrangements within the nation.
Surrogate Criteria: As per the new laws, the surrogate must be a Thai woman aged 25 or over. Moreover, she should have had at least one child already and must be related to at least one of the intended parent(s). That said, this rules out the choice of enlisting unknown surrogates, emphasizing altruistic surrogacy inside families.
Rights to Parenthood: For the intended parents to be lawfully recognized as the child's guardians, the intended mother must have offered her eggs for the method. Moreover, this implies that both the sperm and the egg from the intended parents should be utilized within the surrogacy in Bangkok. Also, if the child isn't biologically related to the intended mother, she has no legal rights over the child.
Consent of the partner: On the off chance that the surrogate is married, her husband's assent is required for the surrogacy program. Moreover, this arrangement guarantees that the surrogate's immediate family is aware of and concurs with the choice.
No advertisement: Clinics, hospitals, or any agency cannot publicize or promote the surrogacy process in Thailand. Also, typically to control the commercialization and potential misuse of the method, the government has brought such laws into practice.
Post-Birth process: After the birth, the intended parents experience a legal process to take custody of the child and pick up full parental rights, even if they are biologically related to the child.
How does it impact the International parents seeking surrogacy in Bangkok?
Restricted Scope for Foreign Nationals: The strict surrogacy laws in Thailand made sure that foreign nationals cannot opt for Thai surrogacy. Moreover, those who started surrogacy agreements before the law was ordered confronted complications. Still, the Thai government gave a window for such cases to guarantee the secure takeoff of children to the countries of their intended parents.
Biological Association Obligation: As per the new law, the intended parents cannot utilize donor eggs or sperm. Moreover, the request for a biological association with both intended parents, particularly the intended mother, may constrain choices for numerous couples.
Dependence on altruistic surrogacy: Since commercial surrogacy is banned, and the surrogate mother in Thailand must be related to one of the intended parents, Thai surrogacy depends intensely on altruistic inspirations.
So, you may find it hard to motivate surrogates to take on the practice given lesser financial benefits to them. While their medical expenses will be taken care of, the loss of income ( in case they are employed) isn’t considered.
Final words
The advancement of surrogacy laws in Thailand mirrors the nation's effort to strike a balance between the medically conceivable outcomes of assisted reproductive techniques and the moral, ethical, and social suggestions of surrogacy. Also, while the current legal system has ingrained strict regulations, it is established with the motive to avoid misuse, protect the rights of surrogates, and guarantee the welfare of children born out of surrogacy.
Besides, for intended parents, while the law gives certain protection, it also comes with restrictions. So, it's pivotal to be well-informed and mindful of the legal rights and suggestions before setting out on the surrogacy journey in Thailand.
As with numerous legitimate scenes, it remains to be seen how Thai surrogacy laws might advance in the future. In any case, presently, the way is obvious: the center is on altruistic surrogacy with clear natural associations, pointing to ensure all parties are included in this profoundly individual and enthusiastic travel.
