Page 169 - JLA-03

¥ÿ≈æ“À

The legal framework stated previously contained the general duty of

lawyer toward maintaining the confidentiality of the intended parentsû
information. However, there are no legal regulations in Thailand which

specifically being legislated to manage the secret to what extent, privacy or

confidential issues among party during or after entering into the surrogacy
contract under the legal consultant of the lawyer. Besides, legal ethics

concerning surrogacy cases is supposed to highlight the misconducted

arrangement managed by the lawyer in which has affected the basis for

various partiesû decisions over surrogacy or right on the paternity of the child.

For instance, manage to proceed with the illegal elements of commercial
surrogacy or qualification of the surrogate mother should be subjected to

severe penalties than the one that has already existed.

Conclusion & Recommendation

Non-commercial surrogacy activities are allowed to fulfill each family

globally since it is considered humanityûs noblest way to assist one another

to create life. The legal basis is one of the instrument to support the
advancement of this reproductive technology. Recently, Thailand has achieved

the goal to launch the rule of law regarding this technology in order to govern

it into the right track also to eradicate the commercial surrogacy which known

as buying and selling human reproductive materials. However, the regulation

related to surrogacy process is varied under different jurisdiction and
traditional legal practice of each country. In comparison to the other regional

or domestic law on the related issues, there are still some legal loopholes

existed in the Thai Surrogacy Acts for instance the marital status or sextual
status of the intended parent, nationality of the parties involved in this process

°—𬓬π - ∏—𫓧¡ ÚıˆÚ 159