Experts are crossing swords over surrogate mothers
Does a surrogate mother have to be related to the biological parents of the child she is carrying? Experts differ on this, as it turned out yesterday at a meeting of 240 obstetricians, including 100 doctors who are authorized to carry out IVF treatment.
The Department of Health Service Support (HSS) believes non-family members should be excluded in the proposed legislation, but the Medical Council of Thailand (MCT) believes such a ban is too rigid. “There are many couples without relatives. They also want to have children, but they can't', says MCT chairman Somsak Lolekha.
He fears that doctors will be hesitant to provide help when the law is too strict, and parents who meet the legal requirements are once again the victims. With this position, the MCT distances itself from its own rules that prohibit surrogacy in non-relatives. Doctors who cooperate can even lose their license. The MCT is considering relaxing those rules.
The HSS also calls for representatives of citizens' groups to be included in the committee to be formed to monitor compliance with the law. Under the current proposal, the committee consists exclusively of doctors.
The MCT has summoned three doctors involved in illegal surrogacy. They own or work in clinics that have been visited by the HSS. Some are said to have performed IVF treatments for the Japanese Shigeta and in the case of Gammy, the baby with Down syndrome that started the whole affair.
The Australian embassy will conduct DNA tests on babies and compare them with the DNA of the surrogate mother and biological parents. This can prove that they have Australian blood, after which the embassy can naturalize the children and issue a passport. The Thai mother must give the parents permission to take the child, because according to current legislation she is the legal parent.
Australia understands Thailand's need to legislate surrogacy now, but fears problems during the transition period. There are said to be another 150 cases dating from the past two years involving Australian parents.
(Source: bangkok mail, August 30st 2014)