A law banning commercial surrogacy in Thailand has come into effect.
In the wake of two controversial cases involving Thai surrogate mothers in 2014, the government acted in February to introduce new measures to curb the trade in ‘renting’ the wombs of surrogate mothers.
According to The Bangkok Post, the new controls on clinics bar them from promoting or providing surrogacy services, which includes any commercial trading in eggs and sperm, with any physician in beach of the new law facing up to one year in prison. Women engaging in commercial surrogacy, and anyone hiring a surrogate mother, face up to 10 years behind bars.
Under the new law, only married Thai couples or couples with one Thai partner who have been married at least three years can seek surrogacy.
Thailand was shocked in 2014 by the story of a Japanese man who, apparently eager to father as many children as possible, admitted to engaging no fewer than nine surragoate mothers for his ‘project’.
More controversially, the international community focused in Thailand’s commercial surrogacy trade when the case of ‘baby Gammy’ came to light.
One of a set of twins, Gammy was procured as a result of a surrogacy arrangement between a Thai surrogate and an Australian couple. However, when it transpired that Gammy had Downs Syndrome, the Australian couple took Gammy’s sister but rejected him, leaving him with the surrogate. Amid the international outcry that followed, Gammy was granted Australian citizenship to afford him access to medical care, while the Thai government promised action at last on previously stalled attempts to deal with surrogacy.
Until the enactment of the new laws, Thailand was the joint leader with the United States of America as a destination for persons seeking surrogacy services.