Thailand
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Key laws and policies
Assisted Reproduction
- Protection of Children Born of Assisted Reproductive Technologies Act 2014 (passed February 2015, expected to become operative mid-2015 after Royal Assent)
(A draft translation of the law is available at http://www.thailawforum.com/thailand-draft-surrogacy-law/, accessed 23 February 2015.)
Human Cloning
- Medical Council of Thailand, Regulations on Human Cloning, No. 21/2544 (June 2002)
Prohibited practices
Reproductive Cloning
- Human reproductive cloning is banned by the Regulations on Human Cloning.
Sex Selection
- Selecting embryos for sex, unless screening for genetic disease (Art. 18)
Commercial Surrogacy
- Commercial surrogacy (Sect. 23)
- Brokering, acting as a middleman, or arranging surrogacy agreements for reward
- Advertising
- Promotion
Commercial Transactions Regarding Embryos, Eggs, or Sperm
- Buying or selling eggs, sperm, or embryos
Permitted and regulated practices
Assisted Reproduction
- Permitted for females with lawful husbands, with their consent (Sects. 15, 19)
Donor Sperm
- May be used with written consent of husband (Sect. 20)
Pre-Implantation Genetic Diagnosis
- May be used to detect genetic disease, but not for sex selection (Sect. 18)
Surrogacy
- Altruistic surrogacy is permitted in the following circumstances:
- Married couple (Thai)
- Foreigners prohibited from surrogacy unless married to a Thai national for more than 3 years
- Gestational only (cannot use surrogate's eggs)
- Surrogate must have another child
- Surrogate must be Thai
- Surrogate must be over 25 years old
History
Following a number of disturbing scandals related to commercial surrogacy in Thailand, new laws were introduced in 2015 (as described above). The laws were voted in by an overwhelming 160-2 votes. Wanlop Tankananurak, a member of Thailand's National Legislative Assembly said, "This law aims to stop Thai women's wombs from becoming the world's womb."