Title Page
ABSTRACT
Contents
CHAPTER 1. INTRODUCTION 11
1.1. General Introduction 11
1.2. Background and importance of Thailand's protection for children born through assisted reproductive technology act. 15
1.3. Study Objective 19
CHAPTER 2. BACKGROUND AND GENERAL KNOWLEDGE OF SURROGACY 23
2.1. Theory of surrogacy 23
2.1.1. Evolution of surrogacy 26
2.1.2. Type of surrogacy 28
2.2. The General concept of Surrogacy 32
2.2.1. Assisted Reproductive Technology for recover the health problems 34
2.2.2. The health complication issues of doing surrogacy 41
2.3. Surrogacy procedure 43
2.4. Establishment of an assisted reproductive technology (A.R.T unit) 46
2.5. Background of Thailand's protection for children born through assisted reproductive technology act (A.R.T act) 46
2.6. The purpose of Thailand's protection for children born through assisted reproductive technology act 48
2.7. Evolution of surrogacy law in Thailand 52
2.8. The content of Thailand's protection for children born through assisted reproductive technology act. 53
2.8.1. Beginning of agreement and the accomplished of surrogacy contract 54
2.8.2. The prohibited of surrogacy in Thailand on commercial way 58
2.8.3. Surrogacy contract enforcement 60
2.8.4. The supervision on medical assisted reproductive technology. 61
CHAPTER 3. LOOPHOLE AND PROBLEMS OF THAI LEGAL PROTECTION FOR SURROGACY 65
3.1. The General problems of Thailand's protection for children are born through assisted reproductive technology act. 65
3.1.1. Aspect and complement of surrogacy contract 66
3.1.2. Qualification of surrogate contract parties, involved person and organization. 72
3.1.3. The result of family law when the law is adapted with assisted reproductive technology act. 73
3.1.4. The result of inheritance law when the law is adapted with assisted reproductive technology act. 73
3.1.5. Rights, duties and responsibility of contract parties and involved person in surrogacy contract. 74
3.1.6. To change the term of surrogacy contract 75
3.1.7. Terminate surrogacy contract and surcease surrogacy contract 76
3.2. Rights and duties of surrogacy contract parties on human rights issues 78
3.2.1. Rights and duties of surrogate mother 79
3.2.2. Rights and duties of intended parent 88
3.2.3. Rights of surrogate baby Surrogate baby and his nationality 92
3.2.4. Government service for surrogacy procedure 95
CHAPTER 4. COMPARISON BETWEEN THAILAND SURROGACY LAW AND OTHER COUNTRIES SURROGACY LAW 99
4.1. International law framework on surrogacy issues 99
4.1.1. 1979 United Nations Convention on the elimination of all forms of discrimination against woman (CEDAW). 100
4.1.2. The Universal Declaration of Human Rights (UDHR) 101
4.1.3. United Nations Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. 103
4.1.4. United Nations Convention on Rights of Child (UNCRC). 104
4.1.5. Hague Conference on Private International Law on the private international law issues surrounding the status of children, including issues arising from international surrogacy arrangements. 105
4.2. The comparison on the legal system on the surrogacy between Thailand, United States and European countries 107
4.2.1. United States surrogacy law 107
4.2.1. European Union surrogacy law 114
4.3. The future of the development on Thailand surrogacy law regards to international surrogacy law 119
4.4. Thailand surrogacy case study 129
CHAPTER 5. CONCLUSION 134
BIBLIOGRAPHY 138