New Surrogacy Bill Drafted
09 July 2007
Activists, academics and parents using surrogacy technology are calling for new laws which recognize the technology. According to the Civil and Commercial Code, personhood begins with the completion of birth as a living child. The woman who bears the child is the child’s mother and if the woman is married then her partner is the child’s father.
If a bill drafted by a committee established by the Council of State is becomes law, certain persons providing reproductive cells for a surrogate birth would have legal rights as parents for the first time. In order to be recognized as legal parents, however, the persons providing the genetic material would have to seek court approval. In the absence of court approval, the surrogate mother would be the legal parent of a child conceived with the genetic material of other persons. The bill has been criticized for promoting a traditional definition of family and being overly bureaucratic.
The draft law only allows married Thai couples to receive court recognition as legal parents. One rational mentioned for excluding homosexual male couples from contributing reproductive cells is that the use of the surrogate mother’s egg could give her an equal legal right as the parent of the child.
One advisor to couples conceiving children through surrogate mothers reportedly suggested that only widows or women who have previously given birth should become surrogate mothers to prevent disputes over the child. The draft law does not contain any provisions requiring surrogate mothers to have previously given birth. Surrogate mothers must be over 18 years of age, have consent from her husband if married and be able to submit paperwork proving that she has received sufficient medical, ethical and legal training regarding the surrogacy arrangement.
Some academics also support adding a provision giving retroactive rights to parenthood to the genetic parents of children born through surrogate mothers |
