Page 162 - JLA-03
P. 162

¥ÿ≈æ“À



              allow surrogacy activities, the adoption of the child by genetic mother is
                                                                                   (67)
              prohibited even though that left the child with no legal mother.

                      The effect from the void surrogacy contract had made no recourse
              toward any parties engaged upon the illegal agreement which granted the

              claim toward the child to the surrogate mother, not genetic parent. In case
              that neither surrogate mother nor intended mother is willing to raise the child,

              after all, none can ask to reimburse for any expenses caused during the
              surrogacy process. On the other hand, jurisdictions in which surrogacy is

              permitted, the court would rule on the legal parentage of a child by offering
              genetic-intended mother the legal parent status without the need to enter
                                     (68)
              the adoption process. †These arrangements that the intended parents are
              heterosexual and married to one another generally require the consent of all

              parties involved, including the husband of a married surrogate mother or her
              partner. Thus, under the Thai legal system, enforcement of surrogacy contracts

              has forced the surrogate mother to give up parental rights since there is no
              genetic relationship toward the expected child.



              Thai Immigration regulations toward the surrogated-baby born
              in Thailand


                      The new regulation has been implemented to place many steps

              away on bringing the surrogate offspring abroad Thai border. Recently, a court
                                                                                (69)
              order is needed before the surrogate family leave the country . Stated the
              Immigration Deputy




              (67)
                 Baudouin, C. (n.d.). Surrogacy in Quebec: First Legal Test. Canadian Fertility and Andrology
                 Society. Retrieved August 21, 2019. from https://cfas.ca/position-statements.html
              (68)
                 Bognar, T. (2017, 28 November). Birth Orders: An Overview.
              (69)
                 Kannan, S. (2009). Regulators Eye Thaiûs Surrogacy Sector. Thai Business Report, BBC World.
                 Retrieved August 21, 2019. from http://news.bbc.co.uk/2/hi/business/7935768.stm



              152                                                             ‡≈à¡∑’Ë Û  ªï∑’Ë ˆˆ
   157   158   159   160   161   162   163   164   165   166   167