Thailand has banned gay couples from using a surrogate

A new law on surrogacy in Thailand took effect on Thursday, essentially banning gay and foreign couples from availing of such services and setting up legal structures for an industry that has proven rather problematic.

According to The Nation, public health minister Rajata Rajatanavin held a press conference to explain the new law, which now requires couples seeking surrogacy to be legally married for three years minimum. At least one partner must be a Thai citizen.

Rajatanavin said, “Under the new act, foreign couples cannot seek the surrogacy service in Thailand. Homosexuals also are not allowed to receive the service because Thailand has not yet legalised same-sex marriage.”

To stop commercial surrogacy, there are now rules for surrogates as well. A surrogate must be a sibling of one of the parents-to-be, obtain consent from her husband, and already have a child of her own, the Bangkok Post reported.

Legislation on surrogacy was drafted after an Australian couple left behind a baby boy with Down syndrome but took his healthy twin sister. However, this new update comes in the wake of a media spotlight on Gordon Lake and his husband Manuel Valero, whose second daughter Carmen was born via a Thai surrogate.

After realising that the parents were gay, the unnamed surrogate refused to sign over custody of Carmen – forcing Lake, Valero and their firstborn Álvaro into hiding so that the newest member of their family would not be taken from them. Thai law automatically grants custody to a child’s birth mother.

Authorities are currently cracking down on some 45 clinics providing surrogacy services. Six have been shut down and arrests have been made.