Page 163 - JLA-03

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The illustration of the same-sex parent with their child being ceased

from leaving the airport seeing that they are lacked the documentary proof
(70)
to declare the legal guardians toward the child. Further, the effect of new
Thai surrogacy law as it has placed that in the case of one of the spouses

is foreigner, they have to maintain their stay in Thailand for at least 3 years
consecutively. This amendment on the restriction of the nationality of intended

parent has changed the framework of immigration practice toward the child

(71)
born through the surrogacy process.

According to the international legal system or regional legal

cooperation, there exists no rule of law to handle with surrogacy issue unlike

domestic law, so many intended families can not be left vulnerable - or even
stateless and rely on the international regulation provided to solve this legal

question. It could prolong several months to bring a surrogate baby back to

the parentsû home country, now that they may not be able to be granted the
(72)
legal status as parents under different jurisdictions. As a result of the
parentsû legal status in their country, there is a possibility to decrease down

the quantities of the foreign intended couple in which decide to work on
(73)
surrogacy arrangements.

(70)
Imrie, S., Jadva, V., Golombok, S. (n.d.). Surrogacy does not have a negative effect on the
surrogateûs own children, Study: Children of surrogate mothers: an investigation into their
experiences and psychological health. Cambridge: Centre for Family Research, University of
Cambridge.
(71)
Ibid.
(72)
Ibid.
(73)
Harney, A. (2018, 23 September). Surrogates for Second Child, Green Card. Reuters Health
Information. Retrieved August 23, 2019. from https://www.reuters.com/article/us-china-
surrogates-idUSBRE98L0JD20130922

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