Rushed surrogacy ban will create more problems, consultant argues

In its rush to quash commercial surrogacy services, Thailand is leaving the door wide open to more questionable abuses.

Speaking at a panel discussion at the Foreign Correspondents Club of Thailand on Wednesday night, a medical tourism consultant argued the surrogacy bill being considered by the legislature contained a huge loophole whereby the practice could still continue for “nonmedical reasons” such as stem-cell collection.

“I think if you leave that in [the bill] tons of people will be flooding in with nonmedical reasons to set up surrogacy arrangements,” said Julie Munro, CEO of medical tourism consultancy InterMed Global. “There are problems there.”

Besides Munro, those on the panel included Medical Council President Somsak Lolekha; Nandana Indananda, a lawyer specializing in surrogacy law; and Sappasit Kumprabhan, who helped draft the new bill.

An aspect of medical tourism previously unregulated in Thailand, surrogacy is now in the process of being clamped down with a draft bill on the “Protection of the Child Born with Medical Reproductive Technology,” which has been approved by the Council of State. The bill in its current form will criminalize only the agencies involved in commercial surrogacy.

Munro said she regularly visits clinics in Thailand to interview doctors for recommendations to foreigners on medical tourism.

“Medical tourism is like the blind leading the blind. Brokers and agents don’t know what they’re sending their [commercial surrogacy] clients to–they only work with the clinic’s marketing departments.”

She believes commercial surrogacy should not be illegal, as imposing regulations will merely drive it underground. Munro, who has a vested interest in seeing surrogacy survive, suggested several measures to Somsak, including making hospitals responsible for clinics in their vicinity. She also urged for the need for pricing to be transparent.

Others on the panel, however, believed regulations were needed to make the practice and advertising of commercial surrogacy illegal in order to quell the problem.

“Almost all surrogacy arrangements in Thailand don’t comply with the standards issued by the Medical Council,” Nandana said.

Surrogacy has drawn foreigners to Thailand in droves for the last decade or so, but only recently received scrutiny after its ethics and legality were brought under the international spotlight following the abandonment of a baby born with Down syndrome to a Thai surrogate mother.

And while same sex couples can partake in surrogacy arrangements, it is legal only for heterosexual couples to obtain parenthood under the law. Somsak estimates it will be three months before the bill is passed, which will allow intended parents to legally own the child. It remains dubious as to whether a gay couple can exit Thailand with their surrogate baby.

Sappasit seemed fundamentally opposed to allowing gay couples to partake in surrogacy, stating the child “needs” to know his or her biological mother.

“Many hospitals and clinics who perform surrogacy falsify the names of the parents,” Nandana said.

Munro said she once interviewed Pisit Tantiwattanakul, a physician and executive director of All IVF clinic, which was recently shut down by authorities after it was linked to the alleged “baby factory” of a Japanese businessman.

She left the interview doubtful of her intention to work with Dr. Pisit, as he couldn’t directly answer her questions, which included inquiries about the health of his clinic’s surrogate mothers.

While modifications will be made to the proposed regulations to allow existing surrogate babies to return to their intended parents during a “transition period”, it is unsure whether a limit will be imposed on the number of surrogate babies a couple can conceive.

Somsak will advise the Council of State on setting up the surrogacy law when he meets with them tomorrow (Friday).

Related:

‘Baby factory’ doctor to turn himself in

Another IVF clinic raided amid surrogate baby scandal

Babies everywhere: Japanese businessman also put his seed in Indian, Ukrainian women

Nine newborns found in Lat Phrao condo, surrogacy scandal deepens

Aussie couple ditches Down syndrome baby with Thai surrogate



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