PROTECTION OF THE RIGHTS OF CHILDREN BORN UNDER THE MEDICALLY ASSISTED REPRODUCTIVE TECHNOLOGY ACT, B.E. 2558

Abstract

This study is a qualitative study with the following objectives : 1) To study the problems that arise in surrogacy under Thai law, specifically in the areas of contract regulation, child rights, and surrogate mother rights. 2) To compare approaches to determining the role of the court in reviewing surrogacy contracts, protecting the rights of children born through surrogacy after birth, and protecting the rights of surrogate mothers. 3) To improve and revise the laws on surrogacy in Thailand to make them more effective. The study used a document study method to collect secondary data from research reports, specific documents on surrogacy, and internet research. The data was then analyzed. The research findings are as follows: The problems that arise under Thai law include: 1) Problems with surrogacy under Thai law: Surrogacy contracts that are not approved by the court may violate rights. Children should have legal rights. Surrogate mothers should receive fair compensation, as well as the right to receive appropriate care and medical treatment. Children should know their background, including information about the surrogate mother. Children should be followed up after birth. 2) Approaches to determining the role of the court in reviewing surrogacy contracts include: The court reviews the validity of the contract to ensure that it meets the necessary requirements and does not violate public policy considerations. 3) The improvement of surrogacy laws in Thailand focuses on protecting the rights of children born through surrogacy, including legal recognition, citizenship, inheritance, and access to medical information. It guarantees that children born through surrogacy have the same legal recognition as other children.