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Children born as a result of a surrogacy arrangement in Thailand
Surrogacy in Thailand
There are currently no laws governing surrogacy arrangements in Thailand.
The Australian Embassy understands that the Thai Cabinet has approved draft legislation specifically addressing surrogacy arrangements.
For further information on the draft law, you may be interested in reading a short article on the Thailand Law Forum website, New Draft Law to Regulate Surrogacy in Thailand. Visit: http://www.thailawforum.com/new-draft-surrogacy-law-thailand.html
The Australian Embassy is unable to provide information on Thai law regarding surrogacy and parental rights. Furthermore, it is not possible for the Embassy to make representations regarding private legal matters. For this reason, the Australian Embassy Bangkok has prepared a list of lawyers (from information publicly available) currently practicing in Thailand. This list is available at the Australian Embassy website, visit http://www.thailand.embassy.gov.au/bkok/Consular_P7.html
By providing this information, the Australian Embassy is not endorsing any of the lawyers named in the list or making any representation as to their willingness or ability to carry out legal work. The Australian Embassy does not accept any responsibility for the quality of work performed by any lawyer on this list.
Australian citizenship by descent
Applications for Australian citizenship by descent for children born outside Australia as a result of surrogacy arrangements are assessed according to legal requirements set out in the Australian Citizenship Act 2007 (the Citizenship Act), and the policy guidelines set out in the Australian Citizenship Instructions.
Under these guidelines, a child born overseas as a result of a surrogacy arrangement may be eligible for Australian citizenship by descent if at least one of the intended/commissioning parents is an Australian citizen and the person with legal guardianship of the child consents to the application.
In addition to the general documents required for applications for Australian citizenship by descent, applications for Australian citizenship by descent for children born in Thailand as a result of surrogacy arrangements need to be accompanied by:
• evidence that the child is the biological child of the intended/commissioning parent(s); and
• a certified copy of the surrogacy contract
The intended/commissioning parent and child will need to undergo DNA testing in accordance with Departmental guidelines.
The commissioning parents will be required to meet all costs associated with DNA testing and information on the testing process is available from Immigration staff in Bangkok. Commissioning parents should not proceed with DNA testing without prior consultation with Immigration staff.
The person who is considered the legal guardian of the child (the surrogate mother) will also need to sign and consent to the application form. Please note that this person may be required to be interviewed by the Department.