A new child protection act prohibiting commercial surrogacy and the trade of sperm and eggs is due to take effect today.
As advised by the Public Health and Social Development and Human Security Ministries, the new law says the only people entitled to exploit assisted reproductive technology are childless, married, heterosexual couples.
Provisions have been included to prevent reproductive technology being abused for commercial surrogacy, human trafficking, or child abandonment.
The law also says children born with the help of assisted reproductive technology will be legally recognised as the offspring of the heterosexual married couples seeking legal surrogacy, Public Health Minister Rajata Rajatanavin said yesterday.
As well as the commercial surrogacy ban, surrogacy brokering, surrogacy service advertising and the trade or import of sperm, eggs or foetuses are prohibited.
Currently more than 60 medical institutions in Thailand can provide assisted reproductive technology to married couples with reproductive difficulties, said Boonruang Trairuangworawat, director-general of the Department of Health Service Support.
Under the new law, only legally married couples that pass an assessment by certified doctors will be eligible to seek a surrogacy service, said Dr Boonruang.
Where it led: Married US gay couple Gordon "Bud" Lake and Manuel Santos are stuck in Bangkok trying to get official parental papers to take home their infant daughter, who now is claimed by the surrogate mother as well. (Photo courtesy of Gordon Lake)
Thais who are married to a foreigner will be required to wait at least three years from the day of their marriage registration to become eligible for the service, he added.
Doctors providing assisted reproductive technology must apply for permission to the Bureau of Sanatorium and Healing Arts to perform the technology on patients on a case-by-case basis. Only biological sisters of the person seeking surrogacy services are allowed to serve as surrogate mothers, he said. But in the case that both husband and wife are the only children in their families, an outsider surrogate mother will be allowed.
In the event that both donated eggs and surrogate mothers are needed, the law specifies the donated eggs must not come from the surrogate mother who will carry the baby, Dr Boonruang said.
Doctors failing the Medical Council's standards of providing assisted reproductive technology in a surrogacy case can face a maximum jail term of one year and/or a maximum fine of 20,000 baht.
Surrogate mothers who accept payment for their surrogacy service may face a prison sentence of up to 10 years and a fine of up to 200,000 baht.
Those found guilty of brokering a surrogacy service may face up to five years in jail and/or a maximum fine of 100,000 baht, while those trading sperm or eggs may face up to three years in jail and/or a maximum fine of 60,000 baht, he said.
For years, Thailand boasted a lucrative — yet largely unregulated — international surrogacy trade, which proved particularly popular among gay couples. But in February legislation was passed banning foreigners from using Thai surrogates after a series of high-profile scandals. That law takes effect today.
A foreign gay couple — American Gordon Lake and his Spanish husband, Manuel Valero — are now in Thailand fighting for their daughter Carmen after a local surrogate mother rescinded permission for them to take the baby she gave birth to.
The couple said they were unable to leave the kingdom with their daughter after she discovered they were gay.
They have vowed to remain in Thailand until they are able to leave the country with Carmen.
Dr Tharase Kratsanaisawiwong, deputy director-general of the Department of Health Service Support, said the Lake-Valero case had taken place before the law came into effect and the couple should take their parental rights case to the Central Juvenile and Family Court.
The couple, who also have a son born to a surrogate in India, are currently caring for Carmen in Bangkok, but have not been given the necessary paperwork to leave the country with her.
The surrogate insists her refusal to sign the release papers has nothing to do with the couple's sexual orientation.