The Protection of Children Born from Assisted Reproductive Technology Act 2015: Scientific Advances, Ethics and Concerns Over the Use of Human Embryo

The new law of Thailand called “The Protection of Children Born from Assisted Reproductive Technology Act 2015” was enacted to clarify the parenthood of the children born from assisted reproductive technologies and to restrict the commercial surrogacy in Thailand. From the past, commercial surrogacy has been flourished in Thailand. Infertile couples from various countries have visited Thailand for surrogacy arrangement, as there was no law that directly regulates surrogacy. At that period of time, the risk that infertile couples have to take is the surrogate mother might refuse to give the child to the couple for adoption. With the new law, the infertile couples who apply for the assisted reproductive technology and surrogacy do not need to adopt the child born from assisted reproductive technology. The law recognizes the infertile couples as legal parents of the child by the effect of the law. Thus, the risk that has been arisen from several years was removed. However, the new law has more effects to the science revolution in Thailand than its aims. From the date that the law takes effect, 30 July 2015, same sex couple is prohibited to have accessed to surrogacy arrangement as well as commercial surrogacy. Furthermore, the creation of human embryos is allowed only for infertility treatment but not for research purposes. By this new law, Thailand is removed from the destination of reproductive tourism as well as the venue for human embryos research. This article explores the moral standard of people in Thailand as well as international moral standard which influence the law of Thailand and argued that, within international and domestic moral standards, the new law could be revised in two areas. The first is to allow for the creation of human embryo for research purposes and the second is to lift the restriction on access to surrogacy arrangement.