Revisions to Surrogacy Law Following Marriage Equality Act
PUBLISHED: 15 Jan 2025 at 04:55
The Public Health Ministry is revising the surrogacy law in light of the newly enacted Marriage Equality Act, aiming to facilitate surrogate pregnancies for overseas couples in Thailand.
Dr. Panuwat Panket, director-general of the Department of Health Service Support, announced updates regarding amendments to the Protection for Children Born through Assisted Reproductive Technologies Act.
These changes seek to harmonize existing laws on equal marriage and surrogacy. The revised draft has been submitted to the Minister of Public Health for evaluation before proceeding to cabinet review.
Significant modifications include replacing the terms “husband” and “wife” with “spouses,” aligning with the Marriage Equality Act and enabling same-sex couples to access surrogacy options.
However, Dr. Panuwat highlighted the need for careful deliberation on child custody and guardianship responsibilities, particularly concerning separation situations.
Once the amendments are approved, foreign couples will gain access to surrogacy services, including the option to bring foreign surrogates into Thailand. The current law restricts surrogacy to foreigners who are married to Thai citizens.
The updated law will also allow the export of embryos, sperm, or eggs to the foreign couple’s home country, under guidelines established by a special committee addressing assisted reproductive technologies.
In response to concerns regarding human trafficking and unlawful surrogacy practices, Dr. Panuwat affirmed that the revised bill aims to enhance transparency, ensuring accountability and curbing illegal activities.
The amendments will permit only relatives of intended parents to serve as surrogates, while commercial surrogacy and related advertising remain prohibited.
Furthermore, enhanced penalties will be enacted for human trafficking and illegal surrogacy offenses, including increased prison sentences and fines. Offenses committed abroad will also be prosecuted as if they occurred in Thailand.
Recent studies indicate a rising interest in surrogacy, particularly among single women seeking biological children without the complications of pregnancy.
