3 Aug 2015

Thailand bans surrogacy for foreigners amidst gay fathers case

Thailand has passed a law banning foreigners from engaging the services of Thai women to be surrogates.

The new law only permits married Thai couples, or couples with one Thai partner, who have been married for three years to use a surrogate.

The legislation bans commercial surrogacy, particularly the use of agents or anyone promoting women who are willing to carry babies. The maximum sentence is 10 years.

The law comes after a comes after a number of high profile cases including an Australian couple who left a child with Down's syndrome with the surrogate mother but took home his healthy twin sister.

Concern about the industry worsened when a Japanese man was found to have fathered more than a dozen babies by different Thai surrogates, a case later dubbed "the baby factory", according to the BBC.

Lawmaker Wanlop Tangkananurak said the law - which was first read in parliament in November - aimed to prevent Thailand from being "the womb of the world".

The new law may also exacerbate the situation of a gay American Spanish couple who are embroiled in a legal battle over their daughter. The surrogate refused to sign documents to allow the baby girl to get a passport after finding out the couple are gay.

The couple have been living, together with the daughter and their 23 month old son, in fear in a secret location in Bangkok, afraid that the surrogate mother will track them down.