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Recent headlines about a company offering surrogacy services in exchange for money have brought the issue of assisted reproductive technologies back into the public eye, shedding light on the fact that Thai law has not kept up with advancements in infertility treatment.

Currently, couples in Thailand who wish to have a child, yet for whatever reason are unable to do so via natural methods, have limited options, adoption being the most common. But what about those couples who wish to have a child that is genetically theirs?

Assisted reproductive technologies such as in vitro fertilisation and surrogacy are also options. Parental legal rights and duties are set out in the Civil and Commercial Code, and adoption is outlined under the Child Adoption Act. But while assisted reproductive technologies exist and are used in Thailand, the matter falls into a legal grey area. A draft piece of legislation, the Surrogacy Act, seeks to specify the legal bases and clarify the issue.

The Surrogacy Act has, in fact, been in the drafting process for several years. Having already been passed by the...