Thailand Draft Surrogacy Law

Draft approved by Office of the Council of State

Subject No. 167/2553

Translation copyright by Chaninat & Leeds Co., Ltd. 2014

 

Memorandum of Principles and Reasons

Compound with Protection of Children Born from

Assisted Reproductive Technologies Bill B.E. …….

__________________________

 

Principles

 

To provide a law on the protection of children born through assisted reproductive technologies.

 

Reasons

 

Because progress in medical for treatment of infertility can help infertile persons have children through assisted reproductive technologies which impacts provisions of current laws applicable in establishing the relationship of legitimate parents to a child born through assisted reproductive technologies. It is therefore necessary to enact this Act for prescribing legitimate parents of children born through assisted reproductive technologies properly and for controlling scientific medical research related to embryos and assisted reproductive technology not to be used in the wrong way.

 Bill of

Protection of Children Born from
Assisted Reproductive Technologies Act B.E. …….

___________________________

 

It is suitable to enact law of Protection of Children Born from Assisted Reproductive Technologies

This act has certain provisions related to restricted rights and freedom of person which section 29 together with section 43 and section 45 of Constitution of Kingdom of Thailand authorized to act by issue the law.

Section 1         This act is called “Protection of Children Born from Assisted Reproductive Technologies Act B.E. …….”

Section 2         This act shall be enforced when it is overdue 180 days since published on government gazette.

Section 3         In this act

“Sperm” means reproductive cells of male

“Egg” means reproductive cells of female

“Assisted reproductive technologies” means any medical treatment bringing the sperm and egg out of the human body in order to be pregnant without a naturally including artificial insemination.

“Artificial insemination” means introduction of sperm into the female reproductive organs in order to be pregnant without the means of intercourse.

“Surrogacy” means pregnancy through assisted reproductive technologies; the woman who gets pregnant agrees to a legitimate spouse before pregnancy and that the baby is a child of the legitimate spouse.

“Embryo” means sperm and human egg which unit at fertilization until 8 weeks.

“Baby” means human embryo older than 8 weeks whether it is in or out of the human uterus.

“Merchandise” means distribution, payment, give, exchange or gift for interest in commercial or other benefit should not be obtain for yourself or others including offer for sale.

“Board” means the board of protection children born from assisted reproductive technologies.

“Minister” means Minister acting under this Act.

Section 4         The Court having jurisdiction of Juvenile and Family Case pursuant to the Establishment of Juvenile and Family Courts Law has authorization to judge, according to this act, only cases related to parents of children born from, assisted reproductive technologies under this act.

Section 5         Minister of Social Development and Human Security act under this act.

 

Chapter 1

The board of protection children born from assisted reproductive technologies

 

Section 6         To provide the board called “the board of protection children born from assisted reproductive technologies” or referred to as “Gor. Kor. Por.” comprise of permanent secretary of Ministry of Public Health be the president, President of Medical Council of Thailand be vice president, representative of Ministry of Social Development and Human Security, representative of Department of Health, representative of the board of National Children Protection, the president of …………….

Section 7         The board has authorization as follows:

(1)                Make recommendations to the Minister in order to determine protection for children born from assisted reproductive technologies policy.

(2)                Make recommendations to the Minister in order to develop or solve problems related to assisted reproductive technologies.

(3)                Announce and determine criteria, instruction and condition for approval in relation to using embryo remaining from treatment of infertility of lawful spouse for research according to section 32.

(4)                Consider granting use of relevant embryos remaining from treatment of infertility of lawful spouse for research according to section 32.

(5)                Give consent to Medical Council of Thailand for issuance announcements relevant to provide assisted reproductive technology services under this act. Announcement of Medical Council of Thailand shall be enforced when publish on Government Gazette.

(6)                Control, examine or accompany assisted reproductive technologies under this act.

(7)                Encourage and support research on ethics, law or culture related to assisted reproductive technologies.

(8)                Prepare report for result of execution relevant to assisted reproductive technologies and offer to Minister at least once a year.

(9)                Perform other assigned by the Minister or the Cabinet.

Section 8         Honorary Director shall have the term of office 4 years for each period.

Honorary Director who terminates from position pursuant to the term of office may be elected again.

Section 9         In addition to termination pursuant to the term of office, Honorary Director shall terminate from the position when

(1)         Dead

(2)         Resignation

(3)         Being bankrupt

(4)         Being a person adjudged incompetent

(5)               Has been sentenced by final judgment to imprisonment except for an offense committed through negligence or a petty offense.

(6)               Minister of Public Health agree to dislodge because of behave improper behavior according to Director’s office. Resolution of the issue must not be less than two-third of its members.

Section 10       In the event of Honorary Director terminates before the term of office, Minister of Public Health shall appoint a person who has the same qualifications be the director instead and a person who was appointed to fill the vacancy shall be in the position for the remaining term.

In the event of Honorary Director terminates before the term of office, the Board of Director shall consist of all directors existing until appointing Honorary Director pursuant to virtue of paragraph 1.

Section 11       In the event of Honorary Director take a position completely, if there is no new appointed Honorary Director, terminated Honorary Director shall be in a position in order to work until new Honorary Director be appointed.

Section 12       Meetings of the Board of Director must be attended by at least half of the directors, therefore a quorum shall constitute.

In a meeting, the president of the Board is a chairman of the meeting. If the president of the Board does not appear at the meeting or cannot perform the duties, the Vice-President shall act as the President. If Vice-President does not appear at the meeting or cannot perform the duties, at the meeting shall select any director act as the President of the meeting for such a meeting.

Making a decision of the meeting, if there is not explicitly stated otherwise, it shall be majority votes. Any directors shall have one vote. If the votes equal, the chairman of the meeting shall have one more vote for casting vote.

Section 13       The Board of Directors may appoint subcommittee to consider and offer opinion for any subjects or any execution according to appointed by the Board.

For the meeting of subcommittee, it can be enforced considering by section 13.

Section 14       Bureau of Sanatorium and Art of Healing, Department of Health Service Support has duties in order to support operations of the Board of Director as following:

(1)  Administrative practice of the Board

(2)  Coordinate and participate with government office, government agencies and individual relevant to executing assisted reproductive technologies which is in authorization of the Board.

(3)  Operating for registrar of agencies or organizations executing related to assisted reproductive technologies and registrar of applicants.

(4)  Operating for gather information and results of research and analysis information relevant to assisted reproductive technologies.

(5)  Operating other duties authorized by the Board

 

Chapter 2

Operating assisted reproductive technologies services

 

Section 15       Medical practitioner who provides services related to assisted reproductive technologies pursuant to this act shall have qualifications and follow the standards for providing services related to assisted reproductive technologies according to the Medical Council of Thailand     consent by the Board specified.

Section 16       Before providing service related to assisted reproductive technologies, servant related to assisted reproductive technologies shall prove and evaluate preparedness in physical body, mind and environment of subscriber and of sperm donor or egg donor for implementation including preventing disease may impact to baby being born according to criteria, instrument and condition the Medical Council of Thailand            consent by the Board specified.

Section 17       Manufacturing, keeping, using benefit from embryo or making it cease to be embryo has to be processed according to criteria, instrument and condition the Medical Council of Thailand consent by the Board specified. However, it cannot keep or use benefit from embryo which is older than 14 days since the date fertilization not including period for freezing embryo.

Section 18       Providing services related to assisted reproductive technologies, servant relevant to assisted reproductive technologies may diagnose genetic diseases in embryo as necessary or suitable. It must not act in a manner that can be understood as sexual selection.

Diagnosis pursuant to paragraph one must be conformable to criteria, instrument and condition the Medical Council of Thailand consent by the Board specified.

Section 19       Under section 15 and section 16, artificial insemination must perform to female having lawful husband and reach the standard for providing services related to assisted reproductive technologies the Medical Council of Thailand consent by the Board specified.

Section 20       Artificial insemination by using sperm of donor must be consent in writing from lawful spouse desiring to have artificial insemination.

Consent according to paragraph one must be conformable to criteria, instrument and condition the Medical Council of Thailand consent by the Board specified.

 

Chapter 3

Surrogacy

 

Section 21       Under section 15 and section 16 and section 18, operation for surrogacy must be conformable according to these following conditions:

(1)        Lawful spouse whose wife cannot be pregnant desiring to have a child by another woman through surrogacy must have preparedness in physical body and mind to be parents of the child.

(2)        Woman who is surrogate mother must not be parents or descendants of lawful husband or lawful wife according to (1) and

(3)        Woman who is surrogate mother must only be a woman used to have a child. If that woman has a husband, consent must be obtained by her husband.

The Medical Council of Thailand consent by the Board may prescribe additional conditions properly.

Section 22       Executing surrogacy pursuant to this act can be executed in 2 methods as follows:

(1)        Using an embryo born from sperm and egg of lawful spouse desiring to be surrogate.

(2)        Using an embryo born from sperm or egg of lawful spouse desiring to be surrogate with sperm or egg of another person. However, it must be prohibited to use egg of surrogate mother.

Section 23       It is prohibited to perform a surrogacy for commercial purposes.

Section 24       The Medical Council of Thailand consent by the Board determine criteria, instrument and condition relating to expenses for maintaining health of woman being surrogate mother during pregnancy, childbirth and after birth.

Section 25       It is prohibited for any person to act as middleman or broker by demanding, accepting or agreeing to accept a property or any other benefit for reward of management or suggestion of surrogacy.

Section 26       It is prohibited to any person to publish or circulate in any manner that there is a woman desiring being a surrogate mother or a person desiring to find another woman being a surrogate mother whether or not it perform for commercial purposes.

 

Chapter 4

Parental status of child born from assisted reproductive technologies

Section 27       Child born from sperm, egg or embryo of donor as the case may be by using assisted reproductive technologies pursuant to this act whether it is executed by legitimate wife of husband desiring to have a child be pregnant or allowing other woman being surrogate, a baby is legitimate child of legitimate spouse desiring to have a child. Although legitimate spouse desiring to have a child has died before a child born.

Male or female who donate sperm or egg which is used for fertilize into embryo in order to pregnant or in the case of embryo of donor, a child born from said sperm, egg or embryo does not have any rights and duties between each other pursuant to the Civil and Commercial Code on the Family and the Succession.

Section 28       In the event of legitimate husband and wife desiring to surrogate has died before a child born, a woman who is surrogate mother will be a guardian until the new guardian is appointed. A woman who is a surrogate mother, officials pursuant to the protection children law, interested person or public prosecutor have authorities to file a complaint to the Court in order to appoint the guardian. Appointing said guardian, the Court shall consider mainly for well-being and benefit of child.

Section 29       The provisions of the Civil and Commercial Code on the family and the Succession shall apply considering but not inconsistent with the provisions of this Act.

 

Chapter 5

Control of operation relating to assisted reproductive technologies

 

Section 30       It is prohibited to any person who is not a medical professional to provide assisted reproductive technology services including to deposit, donation, using benefit from sperm, egg or embryo or making it cease to be embryo.

Section 31       It is prohibited for any person to produce an embryo for using in any businesses except for using it healing infertility of legitimate husband and wife.

Section 32       Medical professionals desiring use of  embryos remaining from healing infertility of legitimate husband and wife for a research must be granted by the Board.

Criteria, instrument and condition for granting shall be conformable according to the Board prescribed in Government Gazette.

Studying and research of embryos which is older than 14 days since the date fertilization must be prohibited. The age of embryo is not including the period for freezing embryo.

Section 33       It is prohibited for any person to operate any businesses in order to originate human by other operations except for fertilization between sperm and egg.

Section 34       It is prohibited to any person using sperm, egg, embryo or any parts of said cells entering to animal body or using reproductive cells of animal, cells derived from fertilized between reproductive cells of animal or any parts of said cells entering into human body.

Section 35       It is prohibited to any person producing, keeping, selling, importing, exporting or using benefit of embryo which has genetic materials of human more than 2 people or more, or embryo which has cells or part of human cells with other species combination.

Section 36       It is prohibited to any person buying, offering for purchase, selling, importing or exporting for sperm, egg or embryo.

Section 37       Deposit, donation, using benefit from sperm, egg or embryo obtained from deposit or donation due to operating assisted reproductive technologies or making it cease to be embryo from deposit or donation must be conformable according to criteria, instrument and condition the Medical Council of Thailand consent by the Board specified.

Section 38       Providing assisted reproductive technologies services to legitimate husband and wife, if the owner of sperm, egg or embryo deposit to depositary pursuant to section 37 has died. It is prohibited to use said sperm, egg or embryo except to be consent in writing before the dead and using sperm, egg or embryo must have to use for healing infertility of said legitimate husband and wife alive only.

Consent under paragraph one shall be in accordance with the criteria, instrument and condition that the Medical Council of Thailand consent by the Board specified.

Section 39       Medical profession who provides services relevant to assisted reproductive technologies does not comply with the standard for providing assisted reproductive technologies pursuant to section 15. It is considered that such execution is violation to ethical for Medical Professional according to Medical Profession Law.

Section 40       Any medical profession who does not comply with section 16, section 17, section 18, section 19, section 20, section 21, section 22, section 32 or section 37, it is considered that such execution is violation to ethical for Medical Professional according to Medical Profession Law.

 

Chapter 6

Penalties

Section 41       Any medical profession who provides assisted reproductive technology services by not having qualifications according to the Medical Council of Thailand consent by the Board specified pursuant to section 15 shall be imprisoned not over 1 year or fined not over 20,000 baht or both.

Section 42       Any person who violates section 23 shall be imprisoned not over 10 years and fined not over 200,000 baht or both.

Section 43       Any person who violates section 25, section 26 or section 35 shall be imprisoned not over 5 years or fined not over 100,000 baht or both.

Section 44       Any person who violates section 30, section 33 or section 34 shall be imprisoned not over 10 years or fined not over 200,000 baht or both.

Section 45       Any person who violates section 31, section 36 or section 38 shall be imprisoned not over 3 years or fined not over 60,000 baht or both.

Section 46       Any person who is not a medical professional operating research pursuant to section 32 shall be imprisoned not over 3 years or fined not over 60,000 baht or both.

 

Temporary Provisions

 

Section 47       Medical professionals who have responsibility or provide assisted reproductive technology services according to the Medical Council Announcement relating to the standard of providing assisted reproductive technology services before the date this act is enforced, medical professionals can continue operation when notify to the Royal Thai College of Obstetricians and Gynaecologists within 90 days since the date this act enforced until Announcement of the Medical Council of Thailand consent by the Board relating to the qualification and standard for providing assisted reproductive technologies services pursuant to section 15 enforced.

Section 48       Articles, regulations or announcement of the Medical Council related providing assisted reproductive technologies services which has applied on the date this act enforced, these can be applicable continuously as they are not inconsistent with this act until there is announcement issued under this act.

Section 49       A person who was born by surrogacy before this act enforced, husband or wife executing to surrogacy, or prosecutor has rights to file a compliant to the Court for ordering a person who was born by surrogacy before this act enforced be legitimate child of husband and wife executing to surrogacy since the date that person was born whether husband and wife executing to surrogacy be legitimate spouse or not. However, they cannot file a claim for loss of rights of third parties who act in good faith during the date a child born to the date the Court having order being a child.

 

Countersigned by

 

……………………………

Prime Minister