Thailand Law Journal 2013 Fall Issue 1 Volume 16

The financial needs of parents were also often mentioned by interviewees. Rapeepan stated that the major financial need arose from her mother's kidney disease: "I need money, because my mother requires dialysis treatment." A 36-year-old divorcee explained that, as a divorcee and a breadwinner for her household, which included two children and her mother, she was responsible for feeding her family. Vorawan, a 29-year-old divorcée with one child to support, stated that she needed income to pay off a debt incurred by her mother's business failure but also needed to take care of her child. When she learnt about surrogacy, it appeared to be a good solution, as surrogacy was an attractive means to gain income and also fulfil domestic and care-giving responsibilities. In her words, "I am going to do this a few times to pay off my mother's 2,000,000 baht debt."

Notably, not all participants were in desperate need of money. Nattanan, who ran a small day nursery, wanted money to build a new house for her 60-year-old mother. Asked if she had difficulty living within the family income, she answered: "No, far from it. I can stay within the budget. I want some money to build a new house for my mom. If I cannot be a surrogate mother,
that's fine."

Compassion: "I feel pity for them"

While interviewees frankly admitted the significance of financial incentives, most also emphasised that the financial incentive was not the sole motivating factor for posting an online surrogacy advertisement. They stated that they felt pity for infertile couples and wanted to help them have a child. For example, Eakarapong, a 34-year-old clerk and mother of two, stated: "I want some money to start a small business, and I want money for my children." However, she also noted that compassion for infertile
couples was a major motivating factor. In her words, "I really wanted to help them after I read the details on the Internet." Many other women expressed a similar idea. "I found the details on the Internet; there are a many couples who want a baby, so, I thought I could help them," stated Noppadon. "I feel pity for childless couples," said Keamrat. Similar statements were made by Nattanan, a 34-year-old mother of a 12-year-old child. Rapeepan also explained, "I would like to feel the pleasure of helping an infertile couple have a child."

Some women stressed that their deep compassion for infertile couples outweighed economic motivations. Ratchanon, a 33-year-old nurse helper, stated: "I paid for my child's education. I don't want a new house. I've already got a car. If I get the money, I will give it to my mom." According to her, pity for an infertile couple was a stronger motivating factor than was earning money, and she added that she would accept a lower fee if the commissioning couple could not afford the ordinary fee. Similarly, Nattakorn, a 28-year-old housewife, stated that she would use the money that she received from a commissioning
couple for her two children. She also stated that "I feel like helping others rather than receiving money."

Pregnancy as an Enjoyable Experience

"Love of being pregnant" was also commonly mentioned as a factor influencing the decision to advertise for surrogacy. Pregnancy was mentioned by several women as an enjoyable and pleasurable experience in itself. Vorawan stated;
"I am happy when I'm pregnant." Nattakorn also stated; "I love to be pregnant. I feel happy when I am pregnant. I love children." Interestingly, Satorn, who had a boyfriend but had not had a delivery experience, explained that she wanted to become a surrogate to experience what it was like to be pregnant. She stated; "I can't bring up a child on my own, but I would like to try pregnancy and delivering a child."

Two ex-surrogates, Natthachai and Nattaporn, stated that they wanted to repeat the joyful feeling of handing over a baby to intended parents. Natthachai stated, "I don't mind doing surrogacy again, because four more frozen embryos remain for a commissioning couple … I felt very happy when I handed over the baby." Recalling the moment of delivery during her first surrogacy, Nattaporn, a 24-year-old housewife with a 2-year-old daughter, stated that the moment of birth made her and the intended parents, who attended the delivery, cry with delight. As she was married to a husband who was a computer programmer and earned 30,000 baht, she was not in desperate need of money. One of Nattaporn's motivations was to experience this kind of emotion again and to rejoice in the infertile couple's happiness.

Helping Infertile Couples as Tan-Bun (Merit-Making)

Several women used the term tan-bun (merit-making) to explain their motivation to become a surrogate. Tan-bun is a term that means a meritorious and good act. At the same time, it has a specific meaning in the Buddhist context and refers to acts such as giving food to monks and making temple donations. In the latter context, this term is also strongly associated with the idea that meritorious or good deeds counterbalance demerits accumulated through sinful and bad deeds and ensure the alleviation of suffering in this or the next life.

In two cases, it was not clear to what extent references to surrogacy as merit-making were associated with counterbalancing demerits, whereas another interviewee clearly alluded to this motivation. Kajornsak, who belonged to the privileged middle class and was the wealthiest of our interviewees, had aborted a child several years ago because her husband had started his own factory, and economic conditions were unstable at that time. After her husband's factory recovered, she began to regret having the abortion. "Infertile couples could not have a baby, even if they desperately desire. I aborted my child, and now I am regretting it," stated Kajornsak. "So I'd like to earn merit as compensation for the abortion."

Expected Feelings towards the Child

The case of Baby M raised the issue of whether relinquishing a child could expose surrogates to psychological distress that they could not completely foresee before the delivery. The underlying presumption in this regard is that a pregnant woman does not have a "natural" tendency to feel attached to the baby in her womb. However, empirical studies indicate that refusal to turn
over a baby to a commissioning couple rarely occurs and that the vast majority of surrogate mothers do not feel anguish in doing so.

Although the notion that a natural attachment between a mother and a baby develops through pregnancy is not absent in Thailand, all potential surrogates interviewed for this study were confident that they could completely control their emotions. Responses included: "It is no problem for me because that's what I intended to do from the beginning" (Vorawan); "It would be
OK, as it's not my baby" (Nattakorn); "I have no illusions about it. It's just work" (Keamrat); "That was the contract from the beginning" (Eakarapong); and "I think of it as part of my job and just do it" (Satorn). One participant mentioned a difference between partial and full surrogacy. She did not want to become a surrogate with her own egg, because a child from a partial surrogacy would be a part of her. Even if they were to develop an attachment to the baby, most women would be prevented from keeping the child due to insufficient income.

Participants who had already undergone an actual surrogacy stated that they did not encounter serious emotional problems. For example, Nattaporn stated; "I was trying to convince myself during pregnancy that it was not my baby, so I did not want to meet the child even if I loved him/her. I would tell the child that the intended parents are his/her real parents if he/she come
to see me in the future" (Nattaporn). She also said: "I was attached to the child but I do not have a desire to meet the child. If the child comes to me in the future, I would say, although we were together for 9 months, your real parents are the intended couple." She further explained: "there is a difference between attachment to my own baby and a child through surrogacy. The
reason for this is partly due to the fact that my own egg is not used for a surrogate pregnancy." Similarly, Natthachai stated that "I don't think it's my baby. I prepared myself during the pregnancy by persuading myself that it was not my baby."

The above statements suggest that the absence of genetic ties between the birth mother and child during a gestational surrogacy allows surrogates to conceptualise the newborn not as their child but as the child of the intended couple.