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Thailand bans parents from leaving with surrogate babies

Report says 2 Australian, 2 American couples not permitted to take surrogate babies home after highly-publicized scandals hit 'surrogacy industry'

15.08.2014 - Update : 15.08.2014
Thailand bans parents from leaving with surrogate babies

BANGKOK

Following a series of highly-publicized scandals highlighting failures in Thailand’s "surrogacy industry," two Australian couples were not permitted to leave Bangkok's international airport with their surrogate babies, Australian media reported Friday.

The same-sex couples were prevented from returning home Thursday afternoon with the children born to Thai surrogate mothers, according to the Australian Broadcasting Corporation, which was told that immigration had been instructed not to allow surrogate babies to leave the country without a court order.

The report added that within the 24 hours prior, two American couples were also not permitted to depart from Thailand.

The Thai junta has given preliminary approval to a draft law that would ban commercial surrogacy in Thailand, with a junta spokeswoman telling reporters Wednesday, "We will punish through criminal law those who practice and are involved in commercial surrogacy." 

"Those who hire surrogate mothers will be violating criminal law," she added.

The legislation -- which remains to be passed by the National Legislative Assembly, a 200 member-body fully appointed by the junta July 31 -- follows an international outcry over accusations that an Australian couple abandoned a baby born to a Thai surrogate mother.

The parents are reported to have taken home his healthy twin sister, but left the boy -- affected with Down Syndrome -- in Thailand.

During an interview with Australian TV on August 10, the Australian couple affirmed they actually wanted to take home both babies, but were prevented from doing so by the surrogate mother who threatened to report them to police.

In another case, a young Japanese man has been accused of fathering at least 15 babies through Thai surrogate mothers.

He fled Thailand soon after news emerged August 5, having taken four of the children home with him on earlier trips. It is not known what happened to the other children.

There are currently no laws governing surrogacy in Thailand, which makes the kingdom a favored destination for those who cannot have children naturally and are looking for surrogate mothers.

Regulations by the Medical Council of Thailand restrict surrogacy within a same family, requesting that the surrogate mother be a relative of one of the two commissioning parents.

According to the Department of Health Service Support, a division of the Thai health ministry, the country's "commercial surrogacy industry" is worth $125 million each year. 

There are around 20 surrogacy agencies, mostly owned by foreigners, in Thailand, the sector expanding after India adopted stricter surrogacy laws in late 2012. On average, a Thai surrogate mother's cut of the fee paid by commissioning parents is $14,000, the largest share going to the agency.

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