Commercial surrogacy in Thailand

Although commercial surrogacy had been banned by Thailand’s Medical Council, some fertility clinics still offered the service. Now, Thailand’s parliament, which is dominated by the military, have overwhelmingly voted to ban surrogacy in Thailand except in cases involving a relative. The draft bill has  passed its first reading on Friday with 177 votes.  The draft bill provides that violators could face 10 years in jail.  The draft bill is expected to return to the parliament January 2015 for a second and third reading.

The vote came after outrage erupted over the unregulated industry following a series of scandals including the case of an Australian couple accused of abandoning a baby with Down syndrome, called Gammy.  Another case which came to the spotlight included a Japanese man fathered at least 15 babies with surrogate mothers.

Under the current wording of the draft bill, it would seem unlikely that foreigners would be able to continue to use Thailand as a surrogacy destination. However, the final bill may be amended, so we wait to see what will happen.

If you have any questions about surrogacy in Australia or require legal advice in relation to surrogacy, then contact Claire Naidu & Co.  Our details may be found by clicking here.

Claire Naidu & Co can provide you confidential legal advice arising from your surrogacy concerns.