Legal Recognition of Right of Abnormality in Both Spouse Gamete in Adopting Assisted Reproductive Technology

Abstract

              This research study about Legal Recognition of Right of Abnormality in Both Spouse Gamete in Adopting Assisted Reproductive Technology, that make the legal gab of the said Thai law have been found upon the provisions and criteria of using Assisted Reproductive Technology Medical. That is to say, this law imposes certain restriction especially on husband and wife having problems on their germ cell. Although, the current Assisted Repro ductive Technology Medical is well developed and can assist to reduce infertility problems for married couples with abnormalities in germ cells and unable to have children naturally, the legal provision in relevant law does not govern the case of surrogacy upon the abnormalities in the germ cells of both husband and wife.

            According to the study, the legal permission to use donated egg or sperm cell with the marriage couples’ sperm or egg cell. However, the utilizing of both donated sperm and egg cells is not subject to the legal permission despite there are abnormalities upon both couples due to lacking of legal provisions in this law. Apart from that, there will be another problem on legal parental status consideration since the surrogate mother and her husband would be determined as the parents of the child, not the couples in accordance with the law of family.

            I would like to suggest that, the amendment on legal provisions of Protection of a Child Born via Medically Assisted Reproductive Technologies Act B.E. 2558, this is to add “is able to use donated sperm and egg cells”. is a way to diminish those problem which the abnormalities couples facing as well as the legal status of parenthood.