
The Public Health Ministry is revising the surrogacy law in response to the enforcement of the equal marriage law and welcoming overseas couples to have surrogate babies in Thailand.
Dr Panuwat Panket, director-general of the Department of Health Service Support (DHSS), on Tuesday provided an update on the progress of the amendments being made to the Protection for Children Born through Assisted Reproductive Technologies Act.
These changes aim to align with the equal marriage and surrogacy laws. The revised draft has been submitted to the Minister of Public Health for review before it will be sent to the cabinet for consideration.
Key changes include replacing the terms "husband" and "wife" with "spouses" as defined by the Marriage Equality Act and allowing same-sex couples to access surrogacy.
However, concerns about responsibilities in child custody and guardianship, particularly in cases of separation, will require thorough consideration, Dr Panuwat said.
He said that once the amendments are in place, foreign couples will also be allowed to seek surrogacy, which includes bringing foreign surrogates to Thailand. Under the current law, only foreigners who marry Thais are approved for surrogacy.
The revised law will also permit the export of embryos, sperm or eggs back to the foreign couple's home country under criteria set by a special committee on the Protection of Children Born Using Medical Assisted Reproductive Technology under the Surrogacy Act.
Asked about concerns regarding human trafficking and illegal surrogacy, Dr Panuwat said the amended bill would help make surrogacy more transparent. This will ensure greater accountability, as well as reducing underground activities, he noted.
Dr Panuwat stressed the amended version will allow only relatives of the intended parents to be surrogates.
Commercial surrogacy remains prohibited, and advertising for surrogates in a business context is also banned.
Stricter penalties will be introduced for offences related to human trafficking or illegal surrogacy businesses.
For that, he said the amended bill suggests more prison sentences and higher fines while offences committed outside Thailand will be treated as if they occurred within the kingdom.
Dr Panuwat said recent studies show a growing interest in surrogacy, especially among single women who want biological children without becoming pregnant.