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      Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand

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          Abstract

          The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act). Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again.

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          Rethinking reproductive "tourism" as reproductive "exile".

          Whereas reproductive "tourism" implies leisure travel, reproductive "exile" bespeaks the numerous difficulties and constraints faced by infertile patients who are "forced" to travel globally for assisted reproduction. Given this reality, it is time to rethink the language of "reproductive tourism," replacing it with more accurate and patient-centered terms.
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            Reproductive tourism as moral pluralism in motion.

            Reproductive tourism is the travelling by candidate service recipients from one institution, jurisdiction, or country where treatment is not available to another institution, jurisdiction, or country where they can obtain the kind of medically assisted reproduction they desire. The more widespread this phenomenon, the louder the call for international measures to stop these movements. Three possible solutions are discussed: internal moral pluralism, coerced conformity, and international harmonisation. The position is defended that allowing reproductive tourism is a form of tolerance that prevents the frontal clash between the majority who imposes its view and the minority who claim to have a moral right to some medical service. Reproductive tourism is moral pluralism realised by moving across legal borders. As such, this pragmatic solution presupposes legal diversity.
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              Cross-border assisted reproduction care in Asia: implications for access, equity and regulations.

              This paper gives an overview of the global commercialised market in assisted reproduction treatment in low-resource countries in Asia and raises concerns about access and equity, the potential commercial exploitation of the bodies of subaltern women to service the demand for donated ova and surrogate pregnancy, and the need for protections through regulations. A lack of systematic data about cross-border reproductive care is a significant obstacle to debate and policy intervention. Little is known about the extent, experience or conditions of cross-border reproductive care outside of Europe and the United States. Further research is needed in Asia on the local effects of this trade upon local health systems, couples seeking care, and those women whose body tissues and nurturing capacities facilitate it. More attention needs to be paid to the provision of publicly funded reproductive health services to address the inequitable distribution of treatment and to investigate means to regulate this trade by governments, international NGOs, professional organisations and civil society groups in developing countries. The global trade in assisted reproduction challenges us to balance the rights of individuals to pursue health care across national borders with the rights of those providing services to meet their needs, especially vulnerable groups in situations of economic disparity.
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                Author and article information

                Journal
                Clin Med Insights Reprod Health
                Clin Med Insights Reprod Health
                REH
                spreh
                Clinical Medicine Insights. Reproductive Health
                SAGE Publications (Sage UK: London, England )
                1179-5581
                20 December 2017
                2017
                : 11
                : 1179558117749603
                Affiliations
                [1-1179558117749603]Mahidol University International College (MUIC), Salaya, Thailand
                Author notes
                [*]Alessandro Stasi, Mahidol University International College (MUIC), 999 Phutthamonthon 4 Road, Salaya 73170, Nakhonpathom, Thailand. Email: alessandro.sta@ 123456mahidol.ac.th
                [*]

                A. S. is a Lecturer at Mahidol University International College, Salaya.

                Article
                10.1177_1179558117749603 REH-0042503
                10.1177/1179558117749603
                5753847
                f6d38b17-ce89-45ef-90f3-85d003bf8035
                © The Author(s) 2017

                This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License ( http://www.creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages ( https://us.sagepub.com/en-us/nam/open-access-at-sage).

                History
                : 5 May 2017
                : 22 November 2017
                Categories
                Original Research
                Custom metadata
                January-December 2017

                reproductive techniques,public policy,surrogacy contracts,surrogate mothers,thailand

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