Surrogacy banned in Thailand: how it works at home and abroad

Thailand has banned its citizens from carrying children for foreign parents following the case of Baby Gammy (above), who was left with his surrogate mother after being born with Down's syndrome. His biological parents, who are Australian, took only his healthy twin sister but deny they abandoned the boy.

The case drew attention to how complex the surrogacy process is and what can go wrong.

Surrogacy is also on the rise in the UK according to Families through Surrogacy, an international not-for-profit information group. One hundred and sixty seven babies were registered as born to a surrogate parent last year, an increase of 70 per cent since 2007.

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But with a shortage of potential surrogates, many UK couples are forced to travel abroad in their search for a family. So what are the laws on surrogacy here at home and how differently do things work internationally?

How does surrogacy work?

There are two different types of surrogacy available; 'straight' surrogacy or 'host'.

Straight surrogacy is the simplest, most inexpensive type of surrogacy. Also known as artificial insemination, it involves the use of the intended father's sperm and the egg of the surrogate mother. The procedure can be carried out at home and it is seen as the more 'natural' option, according to the support group Surrogacy UK.

Host surrogacy uses IVF to implant a fertilised egg from the intended parents into the surrogate mother's womb. It is a much more complex and expensive form of surrogacy, although some costs may be covered by the NHS.

What are the surrogacy laws in the UK?

A woman cannot be paid to be a surrogate under British law, but she can be reimbursed for costs related to the pregnancy.

Why do women become surrogates?

Most surrogates say their only motivation is to help couples who are unable to have their own children. One woman told the BBC that the experience was "a bit of an emotional roller coaster". But "you get that feeling that you've created a family," she said. "There's not very many things that you can say have changed somebody's life."

What happens if the surrogate wants to keep the baby?

In the UK, the agreement between a surrogate and the biological parents is entirely based on trust. There can be no legal documents involved until the baby is born and a surrogate mother cannot be forced to give the baby away. She holds all paternal rights, even if she has no biological link to the baby.

"If the surrogate decides to keep the child, she can. If the couple decide they don't want the child, they can walk away," says Carol O'Reilly who works for Childlessness Overcome Through Surrogacy (Cots).

How does surrogacy work in other countries?

Countries where both commercial and altruistic surrogacy are illegal include Finland, Iceland, France, Italy, Pakistan, Saudi Arabia and Switzerland.

Israel: Israel is the only country in the world where surrogacy is state-controlled. Each individual surrogacy application has to be approved by officials before it can take place.

Russia: Russia is one of the few countries where commercial surrogacy is legal, and it is a booming trade, the Moscow Times reports. Surrogates can receive up to $29,000 for their services. The country's orthodox church officially condemned surrogacy and has often tried to place pressure on the government to change the laws, with one church official calling the practice a "mutiny against God"

South Africa: In 2010, surrogacy laws in South Africa changed dramatically in order to protect the rights of all parties, particularly the biological parents according to the country's advisory group, Surrogacy. Unlike in the UK, an agreement must be signed by all involved parties – including the surrogate's partner – and authorised by the high court before fertilisation takes place. It means the surrogate holds no legal parental rights to the child.