Thailand vows leniency on families caught up in surrogacy controversy

Military rulers say they will help those caught in controversy, but will also strengthen laws

PUBLISHED : Sunday, 24 August, 2014, 5:44am
UPDATED : Sunday, 24 August, 2014, 5:44am


Thailand's military rulers have pledged leniency in the cases of babies born to surrogate mothers, as they toughen rules on the lucrative but largely unregulated industry following a series of scandals.

Dozens, possibly hundreds, of foreign couples are thought to have been left in limbo after entering into surrogacy arrangements through Thai clinics.

Army chief General Prayuth Chan-Ocha, who seized power in a coup three months ago and on Thursday was chosen as prime minister by the junta-appointed legislature, said in his weekly televised address that the military rulers would move quickly to find "sustainable solutions".

"We are concerned that Thai women who are already surrogates will not dare to consult doctors at hospitals while they are pregnant because they are afraid that they would be prosecuted," he said.

"The clinics that hired them or asked them to do it have been closed, so it is dangerous for the babies. I have already ordered leniency on a case-by-case basis."

Commercial surrogacy is banned by Thailand's Medical Council, but until recently even top fertility clinics were believed to offer the service.

The junta has vowed to introduce a law that could result in 10 years' jail for anyone found guilty of involvement in the trade.

In the past few weeks fertility clinics have been raided and some have been closed down.

The murky surrogacy industry has come under intense scrutiny following recent accusations that an Australian couple abandoned a baby born with Down's syndrome, but took his healthy twin sister.

The couple have denied deliberately leaving the boy, called Gammy, with the surrogate mother, who was paid US$15,000 to carry the twins.

In a separate case, police believe a Hong Kong-based Japanese man fathered at least 15 babies with surrogate mothers for unknown motives.

Earlier this month, a gay Australian couple was stopped from leaving Thailand with a baby because of incomplete departure documents.

Thai immigration officials say they cannot disclose how many couples have been prevented from leaving Thailand with babies born to surrogates because they do not keep records.

The support group Surrogacy Australia says it knows of 100 couples going through the process with Thai officials, which has long striven to be a hub of medical tourism. Australia has asked Thailand to make "transitional arrangements" to help its citizens who have already entered into surrogacy arrangements.