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New draft law to protect surrogate mothers, offspring
By Nanthida Puangthong
The Nation
BANGKOK: -- The Cabinet yesterday approved draft legislation for children born through the use of Assisted Reproductive Technologies (ART), deputy government spokesman Bhumin Leeteeraprasert said.
This law permits two kinds of surrogate pregnancy: the one that uses the egg and sperm of a married couple; or one that uses the egg or sperm of either a husband or a wife, paired with the sperm or egg of another person.
According to the draft law, the Juvenile and Family Court would be given the authority of judging paternity cases for such children and a committee would be set up to protect the children. It also stipulates that the surrogate mother should be married, and her husband should consent to another man's sperm being used. The draft law also authorises the Medical Council to set the criteria, methods and financial conditions for the care of surrogate mothers before, during and after the pregnancy.
The draft law also covers the criteria for the donation of eggs or sperm, their storage and the use of ART. It also prohibits the use of the egg or sperm of donors who have died without leaving written consent.
It also lists punishment for unethical doctors and makes transitory provision for endorsing medical professionals to be responsible and provide ART services according to the Medical Council's regulations.
It also covers a transitory provision to endorse the rights of those born through the use of ART before this law goes in effect provided a request is filed with the authorised court to declare a surrogate child as a legitimate offspring of a couple that resorted to ART.
-- The Nation 2010-05-12
