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That information could mean to the convicted background of the

parties, for instance, the crime committing or alleged of commercial
infringement. Further, privacy or personal information such as sexual status or

financial background. Even if Thailand has already existed the qualification of

both surrogate mother and intended parent, the practice of client-lawyer
relationship especially confidentiality is still considered one of the necessities

impacted on the decision making of the individual party. As of Baby Carmen

case, during the time that Thailand still did not have the law-governed the

activities of commercial surrogacy, the sexual status which being concealed

had become a problem to the surrogacy process.

According to the regulation on Lawyerûs Conduct, it is a duty of a
lawyer to keep information obtained from the intended parents a secret, unless

received prior consent or authorization from the court to reveal the information
(82)
as such. The violation of this rule could be subject to punishment of
suspension of penalty determination, a prohibition from practicing as a lawyer

for a period of up to 3 years, or removal of name from the lawyer register

(83)
in accordance with Section 52 of Lawyer Act B.E. 2528 (1985). During the
legal activities in which the parties are requested to provide testimony or

produce any kind of evidence before a Thai court, that testimony or evidence
may be asked to declare. Any confidential document or fact which is known

to such party or person is responsible for the virtue of lawyerûs official
(84)
appointment or any other official or semi-official capacity.

(82)
Regulation on Lawyers Conduct, Clause 11.
(83)
Ibid.
(84)
Civil Procedure Code of Thailand, Section 92.

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