Page 157 - JLA-03
P. 157

¥ÿ≈æ“À



                mentioned on the accuse of enslaves or causes a person to be in a similar

                position, transports them into or out of the country, or buys, sells, disposes,
                                               (42)
                accepts, or restrains a person.  Many legal gaps have shown up as a result
                of the application of these rules of law, including the problem of the restriction

                of rights over children born through surrogacy.


                        Thailandûs newly formed national assembly under the control of the
                government generally seeks the measure to handle with surrogacy hub

                arranged in our country. Now, the Thai parliament had passed a law that was

                expected to eliminate the çwombs-for-renté business for the last couple of

                years. As an effect of new Surrogacy Acts, foreigners together with Thai

                couples who looking for any kind of commercial basis through agents are
                prohibited from the legal surrogacy arrangement. This Acts (ART Act) had

                been enacted and enforced after it is published in the Royal Thai Government
                                (43)
                namely Gazette.  This regulation immensely protects children born through
                these technologies (ART) and sets the legal procedures that the spouses must

                follow to have the right toward the child.


                        The new regulation initially aims to clarify the parentûs legal status to

                decrease the complication related to the duties of parties involved in the

                surrogacy process also to control the appropriate enhanced technology

                application. Secondly, this Act was set as a goal for prohibiting surrogacy
                                                             (44)
                activities involving profit-making players.  The new Act describes the

                (42)
                   Thailand Penal Code (Thai Laws Specifying Crimes and Punishment), (B.E. 2499 (1956), last
                   amended by Criminal Code (No.17), B.E. 2547 (2004)),  § 312.
                (43)
                   Senate Meeting Minutes (2015, 19 February). Thai Senate website; text of the Act. Thai
                   Senate website.
                (44)
                   Report of the Consideration of the Protection for Children Born through Assisted
                   Reproductive Technologies Act, Thai Senate website (Jan. 22, 2015) (in Thai).


                °—𬓬π - ∏—𫓧¡ ÚıˆÚ                                                     147
   152   153   154   155   156   157   158   159   160   161   162