New law slams the door on the business

Statistics show that more than 2,000 foreign couples came to Thailand each year for the services, but the Act to Protect Babies Born through Assisted Reproductive Technologies from now on strictly requires that surrogate mothers must be relatives of the couples who have had infertility problems. In addition, it will not allow surrogacy for same-sex couples. 

Yesterday, Public Health Minister Rajata Rajatanavin announced at a press conference that the move was aimed at controlling artificial fertilisation technology for couples with infertility and set up the legal status and regulations on surrogacy services, which had previously caused both moral and humanitarian problems such as surrogacy businesses or the neglect of children.

Rajata said the new act requires couples who would like to receive the surrogacy service to have been legally married for at least three years and one of them will have to be a Thai citizen. They also have to be confirmed by a doctor as being infertile.

“Under the new act, foreign couples cannot seek the surrogacy service in Thailand. Homosexuals also are not allowed to receive the service because Thailand has not yet legalised same-sex marriage,” he said.

He added that these restrictions were for surrogacy, but foreigners are still allowed to undergo other artificial fertilisation techniques for a woman to conceive.

He explained that to prevent the surrogacy business in the future, the new act stipulates that the surrogate mother will have to be a sibling of the couple who already has her own child and has the consent of her husband for the surrogacy.

“However, if the couple cannot find a surrogate mother who meets their requirements, they can find another woman to bear their child but the candidate will have to be strictly examined by the Public Health Ministry’s Act to Protect Babies Born through Assisted Reproductive Technologies committee,” he added.

According to the act, a child born from surrogacy will be a legitimate child of the couple and the parents will have to announce the childbirth to the authorities. However, if the legitimate parents pass away before the child’s birth, the surrogate mother will be the child’s temporary guardian until the court rules on the case.

Public Health Ministry deputy permanent secretary Amnuay Gajeena said about 45 clinics provide surrogacy services in Thailand. 

“Of them, six have already been shut down and the concerned persons arrested,” Amnuay stated.

“Anyone who breaks this law will be punished with up to 10 years in jail or a fine not exceeding Bt200,000. The selling of sperm, ovum and embryo is also banned,” he said.

Regarding surrogacy cases, which had run into problems before the act came into effect, he stated that these cases have to be judged under the civil law and Children Protection Act 2003, as the new act is not retroactive.

The surrogacy business had previously caused many conflicts and lawsuits between the parents and the surrogate mothers. A recent case involved a US gay couple, who could not take their daughter out of the country because the surrogate mother refused to sign papers giving them custody of their baby, leading to the “Bring Carmen Home” campaign.