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2) Surrogacy are no longer a service for same-sex and foreigner

couple

Under the new law, a couple must be legally married for at least three

years with one or both holding Thai nationality. The surrogate mother is

required to be a sibling of the couple, but not the parents or the coupleûs
children. The surrogate woman must also have her own child and have her

husbandûs consent. If the woman is not a relative of the couple, the woman
(35)
needs to meet regulations laid down by the Thai public health ministry.

According to the regulation, foreign couples would no longer be able
to seek this type of service in Thailand because the Thai legal system has

not yet legalized same-sex marriage. While, the restrictions are arranged to

prevent foreigners and LGBT parent seeking surrogacy also claim the right

over child custody, however they are still able to rely on other artificial
(36)
fertilization processes. Besides, the selling of living cells and tissues are also
not allowed. In accordance to the homosexual-coupleûs case on surrogacy,

Thai authorities had managed to restrict the immigration process of surrogate
(37)
babies and their intended parents. In response to the controversial, under
this Reproductive Technologies Act, only opposite-sex and legally married

(38)
spouse holding Thai resident status is able to enter the surrogacy contract.
(35)
Ibid.
(36)
The Guardian. (2014). Thailand to ban commercial surrogacy in wake of Gammy scandal.
The Guardian. Retrieved August 22, 2019. from https://www.geneticsandsociety.org/article
(37)
Pearlman, J. (2014). Thailand bans surrogate babies from leaving after Baby Gammy
controversy. The Telegraph. Retrieved August 22, 2019. from https://www.telegraph.co.uk/
news/worldnews/asia/thailand/11035743/controversy.html
(38)
Ceranic, I. Baby Gammy: Biological father David Farnell tries to access donations raised for
childûs medical costs. abcNews. Retrieved August 22, 2019. from http://www.abc.net.au/
news/2015-05-19/baby-gammys-biological-father-tries-to-access-raised-donations/6479346.

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