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before the Actûs enforcement, through a process of the parentsû seeking court
(53)
approval. Besides, the parties must have a written agreement before all the
process being activated which part of that agreement indicate that the
(54)
intended parent will be the legal parents of the child.

The legal punishment for the commercial surrogacy service would be

convicted of imprisonment for up to ten years or a fine of up to 200,000
(55) (56)
Baht. Agent engaged to assist the surrogacy with profit , will be
sentenced upon legal enforcement to imprisonment for up to five years and/

(57)
or a fine of up to 100,000 Baht. As a result of this Act, the Thai legislative
department had established a sub committee working under the Permanent

Secretary of the Ministry of Public Health to advise the policies to protect the
right toward the children born through surrogacy in compatible with the
(58)
framework of this Law. The definition of third-party who engage in
(59)
reproduction such as the child conceiver and donor of egg or sperm , are
(60)
also defined as part of the element of lawful surrogacy. Third-party

(53)
Id. § 56.
(54)
Id. § 3.
(55)
Id. §§ 24 & 48.
(56)
The actions involved requesting or accepting money, property, or other benefits for
arranging or giving advice about surrogacy.
(57)
The Protection for Children Born through Assisted Reproductive Technologies Act. §§ 27
& 49.
(58)
Id. §§ 6 & 7.
(59)
Donor-assisted reproduction is any human reproduction in which DNA or gestation is
provided by a third party or donor other than the intended parents who hold the childûs
custody.
(60)
The National Legislative Assembly Received the Draft of the Act for the Protection of
Children Born Through Assisted Reproductive Technologies, which Included Punishment of
up to 10 Years Imprisonment. (2014, 27 November). ASTV MANAGER ONLINE. (in Thai).

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