We saw this happen in India, clinics giving surrogacy treatment to citizens of countries that refused to give citizenship to babies born through surrogacy (Israel initially being one of them). Now some agencies are taking on clients from Italy and France, two countries which are notorious for not giving citizenship for babies born through surrogacy.
So what is different in Thailand compared to India? In Thailand the baby gets Thai citizenship, and a Thai passport. In India baby is born stateless and does not get Indian citizenship or passport. In Thailand baby may be able to exit Thailand as a Thai citizen on a Thai passport with a visa for the client's home country. But what happens when the visa runs out? How long can a Thai citizen stay in the new home country? Does the father need to go to court? I would assume so, and it is at that stage where surrogacy would be revealed.
Some agencies are advising clients from countries that have never given citizenship to babies born through surrogacy that they can take baby home on a Thai passport with no mention of surrogacy, ie make it look like baby was conceived out of a "holiday romance/sex romp" and the mother doesn't want baby.
Italy is a country notorious for not giving citizenship to babies born through surrogacy. While the above deception may work for the first few cases, no-one knows what will happen once the parent and baby are home. By then the clinic and agency are long gone and the parent and baby are on their own. And how long will it be before Italian immigration starts cottoning on to an increased rise in applications for visas for Thai citizen babies born to an Italian dad who happened to get a Thai woman pregnant while on a three day trip to Bangkok.
At least the Israelis have successfully taken babies home to Israel and one can assume they assumed it would be the same in Thailand. Clearly it is not, so starts another round of inter-country battles over citizenship rights to babies born through surrogacy.
I wonder how long it will be before Thai Government gets jack of inter-country disputes involving its own citizens (the babies) and being slammed in the media about exploitation of its women, which will surely follow, and shut surrogacy down perhaps for all foreigners. This is feeling a bit like deja vu to me.