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What are the legal requirements for surrogacy in Thailand?
The ART Act B.E. 2558 (2015) requires: a married couple (one Thai spouse, 3+ years married), an accredited medical facility, Medical Council approval, and altruistic arrangement only (no commercial compensation).
Detailed Answer
Legal requirements for surrogacy in Thailand under the ART Act B.E. 2558 (2015): **Intended parents must:** 1. Be a legally married couple (marriage certificate required) 2. Have at least one spouse who is a Thai national 3. Have been married for at least 3 years 4. Have a medical reason why the intended mother cannot carry a pregnancy 5. Use their own genetic material (at least one parent must be genetically related to the child) **Surrogate requirements:** - Must be a Thai woman - Must have previously given birth to a healthy child - If married, must have her spouse's written consent - Ideally a blood relative of either intended parent (though exceptions exist) - Must give free and informed consent - Must be medically screened and approved **Medical facility requirements:** - Must be accredited by the Medical Council of Thailand for ART procedures - Must be a licensed hospital or clinic (not a private doctor's office) - Must have qualified reproductive medicine specialists **Approval process:** 1. Submit application to the Medical Council's Sub-Committee on ART 2. Provide all required documentation (marriage certificate, medical records, surrogate consent) 3. Obtain approval before any medical procedures begin 4. The process takes approximately 2-4 months for approval **Post-birth requirements:** - Court petition to establish legal parentage - Birth registration with intended parents listed - The surrogate has no parental rights once the court order is issued **Prohibited:** - Any commercial compensation to the surrogate (beyond reasonable expenses) - Sex selection of embryos (except for medical reasons) - Use of surrogacy by non-eligible persons **Legal basis:** ART Act B.E. 2558 (2015); Medical Council Regulations on ART; Civil and Commercial Code (parentage provisions)
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