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contributes to the legal complication, especially the right toward the child also
the qualification to become an intended parent. Currently, there are not many
supreme court cases directly relating to the practice of surrogacy or illustration
of decisions published as a standard to assure the effective enforcement of this
(22)
act. In general, most parties are concerned with the following questions, for
instance, the protection toward the relationship between the child, surrogate
mother and intended family; the possibility to acquiring legal rights as parents
of the newborn; how to obtain citizenship for the child and legal ethical issues
(23)
that might occur during the agreement. †There are many elements affecting
these cases, including the nationality of the intended parents, the choice of
surrogacy or egg donation utilized and the hospitalûs rules involved.
In Thailandûs medical industry, surrogacy is previously profit-driven
and poorly controlled by legal measures. As stated above, Thailand had
become a famous destination for many desperate couples wishing to fulfill
their intention to carry infants because many legal gaps exist in the Thai legal
system. This activity violates the code of the Medical Council which regulates
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doctors and hospitals as against ethnic and religious. The desire of the
childless family for babies is one of the motivations to seek surrogacy practice
in Thailand as one of the less strict regulation countries. Until the Thai
government introduced an outcoming law prohibiting commercial and
underground surrogacy altogether. Recently, the regulations which take action
(22)
Schenker, J. G. (2018). Assisted Reproductive Technology: Perspectives in Thai Law.
Reproductive Biomedicine Online (Reproductive Healthcare Limited), 17(S3). p. 17-24.
(23)
MacCallum, F., Lycett, E., Murray, C., Jadva, V. and Golombok, S. (2018). Surrogacy: the
experience of commissioning couples. Human Reproduction 18(6). p. 1334-1342.
(24)
The BBCûs Jonathan Head in Bangkok.
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