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This legal standard is not considered violating Thai constitutional now that the

status of same-sex marriage couple is not recognized by law.

As refer previously, American-Spanish same-sex couple had claimed
the childûs custody over baby Carmen born to a surrogate mother who tried

to keep the child when the fact that the intended parent was LGBT was

disclosed to her. As a result of the Surrogacy Act which being enforced after
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the baby was born, the family has been retained in Thailand for a while.

In Thailand, it had been a marketplace for couples from abroad who

looking for surrogacy practice partly because of unclear regulation in that

period. As a result of the weakness of law, in one case brought to the court,

the Japanese businessman had announced to be a father of 16 children born

through surrogacy arrangement which explode the medical and ethics
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community. The mystery Japanese man, is still fighting to get custodial
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right on his 12 babies.

3) Related Regulations and Analysis

New Thai Surrogacy Law

Thailand previously has no law governing surrogacy activities. On the

other hand, the authorities instead applied a provision in the Criminal Code

(39)
Panyapon, Y. Same-sex couple fights for custody with surrogate in Thailand. ctvnews.
Retrieved August 22, 2019. from https://www.ctvnews.ca/health/same-sex-couple-fights-for-
custody-with-surrogate-in-thailand-1.2829225.
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Ruth Sherlock,†çJapanese Father catch the breaking news on surrogacy activities in Thailandé,
Washington Post, 23 Mar 2015.
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Teman, E. (2019). Birthing a Mother: The Surrogate Body and the Pregnant Self. Berkeley:
University of California Press.

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