Regulations on Surrogacy Sought Over Gammy Case

Thailand is a regular must-visit place for most international tourists. For wealthy, childless couples, however, Thailand offers more than just tropical sights and sounds. It is an ideal place to fulfill the life-long dream of having their own children. This is one of the many faces of tourism in Thailand: surrogacy.

Young Thai women offer to become surrogates. For a corresponding fee, their wombs are offered as medium to safely carry babies for 9 months until the child is born. This set-up is normally mutually beneficial to both parties. There are situations, however, where things will not turn out fine for both the surrogate and the parents.

Such was the case of Gammy, a child left to the care of his surrogate mother by his Australian parents. The parents, allegedly, left Gammy upon knowing that he has Down syndrome and that he was suffering from a congenital heart condition.

Gammy's surrogate is Pattaramon Chanbua, a 21-year-old food vendor who was initially promised $9,300 fee. Chanbua has yet to receive her payment.
"This is the downside of this trade, of parents leaving surrogate hanging," said one Thai woman who is engaged in the highly unregulated business of surrogacy. Gammy's case is putting this otherwise shaded issue on the spotlight.

Laws on surrogacy generally differ by nations. In most cases though, there exists little or no guarantee that an agreement between parties will be honored.

The United States has varying regulations per state on this issue. Some states prohibit enforcement of contract regarding surrogate birth. States like California and Illinois are receptive to commercial surrogacy.

Thailand is a hotspot for surrogacy from wealthy couples coming from countries like Taiwan and Australia. Commercial surrogacy is strictly banned in these countries.

In light of Gammy's case, efforts are underway to draft Thai surrogacy laws. Earlier this Thursday, a Bangkok-based lobby group has drafted policy concerning surrogacy for submission to the current ruling party.