Criminal liability and the process abortion of the surrogacy of a surrogate mother.

Abstract

This academic article aimed to study the laws associated with abortion of the surrogacy of a surrogate mother instead of Penal code, Protection of a Child Born by Medically Assisted Reproductive Technology Act, B.E. 2558 (2015) from the study found that abortion of the surrogacy rather than to Protection of a Child Born by Medically Assisted Reproductive Technology Act, B.E. 2558 (2015) guilty under the Criminal Code and Section 301 and the Act stipulates rules on the abortion of the surrogacy by The process abortion of the surrogacy in the Council Declaration of 95 (8) / 2558 on rules, procedures and conditions relating to abortion of the surrogacy of a surrogate mother, provided that instead. If pregnancy is bodily harm or mind of a surrogate mother, instead of, or the case of the fetus in a disability, the same criteria as the Criminal Code 305 (1) Abortion of the surrogacy by a doctor who has no criminal liability, but the difference in the law is a surrogacy case, An abortion of the surrogacy shall be done by a medical practitioner and upon receiving written consent from lawful husband and wife intending to undertake the surrogacy and a surrogate mother; except in the case. A party is not intended to be self-determined by themselves. Later there has been an analysis of the Constitutional Court Rulings that 4/2563 had a clear diagnosis that the Criminal Code of the Section 301 did not affect the fundamental rights and freedoms in the life and body of the female beyond the necessity. It does not comply with the proportion, and restrict freedom Thus, Article 28 of the Constitution Act 2560 Section 301 is inconsistent with the Constitution, section 28 makes provision of section 301 inconsistent with the Constitution and therefore unenforceable and binding in all organizations. The abortion of the surrogacy of a surrogate mother cannot enforce penalties under the Criminal Code. Protection of a Child Born by Medically Assisted Reproductive Technology Act, B.E. 2558 (2015), there should be provisions with criminal penalties, particularly for the suppression of acts contrary to section 26 of this Act in the future.