สาธารณสุขเตรียมยกเครื่องกฎหมายอุ้มบุญ

The Ministry of Public Health is preparing to amend the Surrogacy Act to support the enforcement of the Marriage Equality Act and to open up to foreign couples to have surrogacy in Thailand.

On Tuesday, Dr. Phanuwat Panket, Director-General of the Department of Health Service Support (MOPH), announced the progress of the amendment of the Act on the Protection of Children Born Through Assisted Reproductive Technology.

The amendments are intended to be in line with the Marriage Equality and Surrogacy Act, and the draft amendments have been sent to the Minister of Public Health for consideration before being forwarded to the Cabinet for consideration.

Key changes include replacing the terms “husband” and “wife” with “spouse” as defined in the Marriage Equality Act, and allowing same-sex couples access to surrogacy.

However, concerns about responsibility for child care and protection, especially in the event of separation, need to be carefully considered, said Dr. Panuwat. He said that with the amendments, foreign couples would be able to apply for surrogacy, including bringing foreign surrogate mothers into Thailand. Under current law, only foreigners married to Thais are approved for surrogacy.

The amended law also allows for the export of embryos, sperm or eggs back to the foreign couple's home country under criteria set by the Special Committee for the Protection of Children Born Using Assisted Reproductive Technology under the Surrogacy Act.

Asked about concerns about human trafficking and illegal surrogacy, Dr. Phanuwat said the amended draft law would make surrogacy more transparent, which would lead to greater accountability and reduce underground activities.

Dr. Phanuwat emphasized that the amended draft law will only allow relatives of the intended parents to become surrogate mothers.

Commercial surrogacy remains prohibited, and advertising of surrogate mothers in a commercial context is also prohibited.

 Offences related to human trafficking or illegal surrogacy businesses will be subject to stricter penalties.

To that end, he said the amended bill would increase prison terms and fines, while offences committed outside Thailand would be considered to have occurred within the kingdom.

Dr. Panuwat said recent studies have shown an increasing interest in surrogacy, especially among single women who want to have biological children without getting pregnant.