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Changes to Thai Surrogacy Laws?

Transcript of the above video:

As the title of this video suggests, we are discussing Surrogacy Law here in Thailand. For those who are unaware, this is birth surrogacy, birthing surrogacy.

Just some background on this. There was time when there was a real vacuum of law with respect to the issue of surrogacy. The Thai Legal system, the jurisprudence in Thailand just had not caught up to the technology and Thailand was a really popular destination for foreign nationals to undertake surrogacy undertakings here in Thailand. That came to a dramatic end with the so-called Baby Gammy case which for those who are unaware, go read up on that yourself. Basically, that was kind of the beginning of the current Government. Prayut came to power and pretty promptly brought the surrogacy regime here in Thailand to an end albeit, well the folks that had already undertaken surrogacy arrangements, they were grandfathered in and allowed to complete what they had started. Then as a practical matter, no further surrogacy among foreigners was really undertaken for a rather prolonged period of time. A recent article from the Thaiger, thethaiger.com, and hats off to those folks over there; how are you all doing? The article is titled: Thailand is revising Surrogacy Laws to allow foreigners to hire Thais to bear children. Quoting directly: "Thailand is revising Surrogacy Laws to allow foreigners to hire Thai surrogate mothers without requiring one partner to be Thai. Under the proposed changes, foreigners will also be allowed to bring the eggs and sperm out of Thailand for surrogacy overseas. Revisions to the law are aimed at promoting Thailand as a medical hub gaining more income for the country. Authorities share that the revision will take around 2 months to consider" (I will get back to that in a minute) and the revisions will need to be adjusted before submitting to the Cabinet."

So let's be clear, this hasn't been fully vetted out; it hasn't been fleshed out; it is still being considered and it will need to be adjusted before submitting to the Cabinet. So we are not even at the phase yet where we have seen promulgated changes to the laws here in Thailand. That said, it is interesting that they are seriously looking at again changing these rules which didn't change that long ago, to allow some more flexibility for folks who are looking to avail themselves of surrogacy services here in the Kingdom of Thailand.