Page 158 - JLA-03

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reproductive technology as artificial pregnancy, including unnatural
(45)
insemination of non-spouse parties. ART contractual parties must be legal
spouses and the wife cannot be pregnant proof by the certification from the

doctor guarantee her ability to conceive the child. Same-sex couples, as

discussed above, cannot engage in the surrogacy contract. Besides, each party
must reach the condition one way or another namely both husband and

wife have to hold the nationality of Thai. If only one applicant is holding

Thai status, this couple must have been married for at least three years
(46)
consecutively.

The surrogate mother must be a sibling of either the intended
(47)
husband or wife, but can not be either their parent or heir. If there are no
blood relatives exist to assist an intended parent, the involvement of non-

relatives women on the pregnancy process are allowed under the restriction
(48)
issued by the Minister of Public Health. To be qualified as the surrogate
mother, the woman has to have their own child before performing the

(49) (50)
surrogacy further the approval of the husband of her is required. The very
significant fact is that eggs of the surrogate mother are not able to be used
(51)
for the insemination procedure. The Act also apparently states that the

intended parent will be the legal parents of the child and cannot refuse to
(52)
parent the baby. The Act will be applied retroactively to those children born
(45)
The Protection for Children Born through Assisted Reproductive Technologies Act, § 3.
(46)
Id. § 21(1).
(47)
Id. § 21(2) & (3)
(48)
Id. § 21(3).
(49)
Id. § 21(4).
(50)
Id. § 21(4).
(51)
Id. § 22(2).
(52)
Id. §§ 29 & 33.

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