The Right THE RIGHT TO PARENTHOOD VIA ARTIFICIAL REPRODUCTIVE TECHNOLOGIES FOR SAME-SEX FEMALE COUPLES AND SINGLE WOMEN

Abstract

          This research article forms part of a doctoral study in the Doctor of Laws (LL.D.) Program, Faculty of Law, National Institute of Development Administration, entitled “The Right to Have Children through Artificial Insemination of Female Couples and Single Women.” This research aims to: (1) examine the background and key issues concerning the rights of single women and female couples to access artificial insemination in Thailand; (2) analyze the legal limitations within the framework of fundamental principles, namely the principle of proportionality, the principle of equality, the balancing of rights, and international human rights standards; (3) study and compare foreign legal systems regarding access to assisted reproductive technology, particularly for single women and female couples; and (4) propose legal reforms in Thailand to align with the Constitution, international human rights obligations, and contemporary Thai social contexts, with due consideration of both women’s rights and the best interests of the child.

          The study finds that existing Thai laws restrict reproductive rights and personal autonomy by permitting assisted reproductive technology only for heterosexual married couples, which may contradict sections 25, 27, and 28 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017), as well as international human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR, 1966), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979), and the Convention on the Rights of the Child (CRC, 1989).

          This doctrinal legal research analyzes domestic laws, Constitutional Court decisions, and relevant academic literature through four analytical frameworks: proportionality, equality, rights balancing, and international human rights principles. Comparative analysis was also conducted with laws in France, Denmark, Germany, Russia, Ukraine, and the State of California, USA.

          The findings indicate that Thailand’s restriction on access to assisted reproductive technology for heterosexual couples fails the proportionality test as it lacks sufficient justification, imposes an excessive burden on individual rights, and ignores less restrictive alternatives such as screening or counseling mechanisms. Policy recommendations therefore propose amending the law to allow single women and female couples to access assisted reproductive technology (Jain & Singh, 2023) under appropriate regulatory safeguards—such as eligibility screening, medical and psychological counseling, and legal parenthood recognition. Such reforms would balance women’s rights with the best interests of the child and reflect Thailand’s adaptation toward greater inclusivity of diverse family and gender identities in line with equality and international human rights principles.