Integrity Legal

Archive for the ‘Thailand Property’ Category

24th April 2017

In recent weeks it has come to this blogger’s attention that some significant changes with respect to the duration of leases in Thailand have been not only proposed, but are apparently nearing a point where they might be implemented. While The Nation has taken note of the fact that various stakeholders in the Thai real estate sector have welcomed the possibility of 99 year leases for foreign investors in the Thailand property market (a proposal which has many restrictions in and of itself, including the requirements that such lease may only be possible in large industrial developments operating with the proposed Eastern Economic Corridor or EEC). Meanwhile the Bangkok Post has reported that various activist groups in Thailand are opposed to the proposal that 99 year leases be implemented. In this blogger’s view the more important issue is the fact that the implementation of new laws regarding Thai commercial leases appears very near at hand. To quote directly from the aforementioned Bangkok Post article:

[T]he government approved the land rental extension to 99 years, a policy change that will affect about 10 million people who are in need of land, he said. The cabinet’s resolution was made in a bid to promote the eastern special economic development zone to draw international investment linking the country more closely to the Asean community and beyond…

It should be reiterated that the leases at issue are of a commercial nature and appear only to be possible within specified zones, but the change is notable since for years 30 year leases were the norm in Thailand and the recent changes seem to mark a substantial shift in policy thinking. It should be noted that recently proposed changes may make it possible for foreign nationals to obtain a 50 year lease in Thailand on residential property. Clearly, all of these developments bode well for those wishing to invest in the Thailand property market.

Not everything is developing in a positive manner for everyone with respect to the use of real estate in Thailand. In recent weeks, there has been a great deal of clamor arising from the fact that officials affiliated with the Thai government have announced plans to severely curtail, if not outright ban, street food vendors in the Kingdom. To quote a recent article on the Voice of America website quoting an assistant to the Governor of Bangkok:

“The street vendors have seized the pavement space for too long and we already provide them space to sell food and other products legally in the market,” the assistant said. “So there will be no let-up in this operation – every street vendor will have to move out.”

It should be noted that what may appear to be “street food vendors” may in fact just be sellers of food in an open air environment, but occurring on private property in Thailand. Therefore, this blogger does not expect that outdoor dining on traditional Thai fare will disappear any time soon. However, it seems logical to infer that street vendors will likely be making deals with owners of Bangkok property to use their land in order to sell food. A question posed by many: why are authorities in Thailand doing this? Many of those posing this question do so for different reasons. Some note that street food is part of the tapestry of Bangkok life. Meanwhile, others note that restricting street food could have a detrimental impact upon tourism. Although this blogger does not necessarily agree with all of the restrictions being proposed with respect to street food two things should be noted. First, the thoroughfares of Bangkok have a tendency to become crowded and street food vendors had more than a tendency to exacerbate this crowding. Second, Thai authorities have continued to note issues related to the raising of government revenue and it is this blogger’s opinion that the restrictions on street food may be the government’s initiative to, at least indirectly, encourage some vendors to engage in the more regulated economy. The Value Added Tax accounts for a significant portion of Thailand’s overall revenue. Therefore, if authorities can encourage more businesses to become part of the VAT system then it stands to reason that the government could raise further revenue. This blogger knows for a fact that there are those street vendors who do pay VAT, but the percentage of such individuals in relation to the overall number of street vendors is quite small. Therefore, it seems likely that while on the one hand Thai authorities are making the streets in Bangkok more easily accessible the upshot may be a benefit to government coffers in the long run.

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8th August 2011

It recently came to this blogger’s attention that the Association of Southeast Asian Nations (ASEAN) has celebrated its 44th birthday. In order to provide further information on this story it is necessary to quote directly from the official website of Channel News Asia, ChannelNewsAsia.com:

SINGAPORE: Singapore will mark the 44th anniversary of the Association of South East Asian Nations (ASEAN) with a flag-raising ceremony at the Indonesian Embassy on 8 August. Indonesia is the current Chairman of ASEAN. Singapore’s Ministry of Foreign Affairs (MFA) said this year’s celebrations are particularly significant. It said this will be the first time that the ASEAN flag will be flown at all ASEAN member states’ diplomatic and consular missions in ASEAN countries and ASEAN’s dialogue partners and ASEAN Member States’ Missions where UN headquarters and offices are located…

Readers are asked to click upon the relevant hyperlinks noted above to learn further details from this insightful article.

Frequent readers of this web log may recall that there have been significant discussions within ASEAN regarding issues such as a unified ASEAN visa, the exchange of University credits in an intra-ASEAN context, and a framework for dealing with issues pertaining to the South China Sea. As of yet, there has not been a full resolution regarding these issues, but the dialogue continues with many hopeful that ASEAN will be able to provide a strong platform for regional and global trade as well as business.

In news which is likely of more pertinence to those in Southeast Asia, it recently came to this blogger’s attention that there is further optimism regarding the Thai real estate markets. To quote directly from the official website of The Nation, NationMultimedia.com:

The property market will benefit from political stability and the government’s policy of boosting demand in the first-home market in the second half of this year, according to property experts. A survey of leading property firms by The Nation, seeking outlooks for the property market in the second half of 2011, found most believing that following the election, home-buyers will return to the market because of renewed confidence in political stability…

The administration of this blog asks readers to click upon the hyperlinks noted above to learn more from this article.

Many foreign nationals in Thailand contemplate a Thailand property purchase either in the form of a Condo in Thailand or a house. In the case of a house in Thailand, it may be possible to enjoy the benefits of a Thai home notwithstanding restrictions placed upon foreign ownership of Thai land. In fact, through use of instruments such as Thai leases or Thai usufructs it may be possible to secure virtually total control over a home in Thailand. Some opt to secure their interest in a Thai house by bifurcating the title to the house from the title to the property (sometimes referred to as a Chanote). In any case, there may be ways in which a foreign national can enjoy the benefits of real estate in Thailand.

For information pertaining to legal services in Southeast Asia please see: Legal.

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5th August 2011

It recently came to this blogger’s attention that Economic Ministers from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are set to meet in Indonesia over the upcoming weeks. Of especial importance, in this blogger’s opinion, is the fact that said meeting is set to include representatives from the United States of America and Russia. In order to shed further light upon these developments it is necessary to quote directly from the official website of The Nation, NationMultimedia.com:

Free-trade partners of Asean, in addition to the United States and Russia, will join Asean economic ministers for a meeting in Manado, Indonesia, next week with the aim of tightening economic integration. Indonesia will host the Asean Economic Ministers (AEM) meeting from August 9-13. Yanyong Phuangrach, permanent secretary at the Commerce Ministry, who will lead the Thai delegation to the meeting, said the main agenda was to forge closer cooperation among Asean member states and trading partners, mainly with FTA partners and the two economic giants – the US and Russia…

Readers are strongly encouraged to click upon the relevant hyperlinks above to read this important article in detail.

In recent months there have been many positive developments in the ASEAN region as discussions pertaining to a possible unified ASEAN visa have been broached. Meanwhile, discussions pertaining to the South China Sea appear to have lessened some of the tensions between ASEAN members nations and China. However, as of yet, a final framework for dealing with the South China Sea has yet to be developed. As the ASEAN region continues to show further economic potential it stands to reason that geo-politically dominant economies will show increasing interest in the Southeast Asian region.

In news specifically related to the Thai Real Estate and Property markets, it recently came to this blogger’s attention that Singaporean and international real estate developers have noted their optimism regarding the Thai property market. In order to provide further elucidation regarding these developments this blogger is compelled to quote directly from the PropertyShowrooms.com website:

A Singapore property development company has decided to invest in a series of condominium projects in Thailand over the coming year. Speaking to Property Report, business development manager at Dalvey Developments Noel Goh described the Thai real estate sector as “a very attractive market with high growth potential”. “Moreover, property prices remain low when compared to neighbouring countries,” Mr Goh added…According to one Asian real estate expert, buyers from Hong Kong are increasingly being drawn to high-end properties in the Thai capital. Executive director for investment and project marketing at CB Richard Ellis Rebecca Shum told the Bangkok Post that the city is a “top-two destination for lifestyle” from the point of view of Hong Kong investors. She added that a rise in optimism about Thailand’s political and economic conditions is helping boost the luxury property market in the nation.

The administration of this web log encourages readers to click on the relevant hyperlinks above to read further from this article.

For many, the purchase of property in Thailand can be a cumbersome and somewhat confusing endeavor as Thai law on the subject has been described as rather complex and, in some cases, byzantine. This is especially true in cases involving foreigners wishing to purchase land in Thailand since there is virtually a de facto prohibition on foreign nationals purchasing Thai land. That stated, such a prohibition does not exist in the context of a Thai lease, Thai usufruct, or Thai condominium. In fact, pursuant to the Thailand Condominium Act, foreign nationals in Thailand may be permitted to purchase a Thai Condo so long as that proposed real estate holding comports with the relevant provisions of the Act. For this reason, and many more, some opt to retain the assistance of an attorney in Thailand to assist in conducting due diligence and conveyancing matters pertaining to Thai property.

For information related to legal services in the Kingdom of Thailand please see: Legal.

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30th April 2011

Over the years this blogger has seen large numbers of tourists flock to the Kingdom of Thailand as well as the neighboring nations of Laos, the Union of Myanmar (referred to by some as Burma), Malaysia, and the Kingdom of Cambodia. At the same time, this blogger has also witnessed the metamorphosis of some of these tourists into entrepreneurs by remaining in some of these countries (as well as other jurisdictions in Greater Asia such as Indonesia, Vietnam, China, Taiwan, Singapore, Hong Kong, South Korea, Nepal, Macau, India, and Sri Lanka; to name only a few) in a business context for many years and; for some, even decades or a whole lifetime. Whatever the circumstances of those Americans Resident Abroad remaining in the region of economies increasingly being labeled by both the mainstream and alternative media outlets by their affiliation with the Association of Southeast Asian Nations (ASEAN) one thing is clear: the economies of Asia are set to expand at an incredible rate by relative historical comparison. Therefore, it stands to reason that there are likely to be more Americans doing business in these jurisdictions. This state of affairs is occurring at a time when the potential of the internet and the World Wide Web first noted little more than a decade ago is beginning to become fully realized by businesses large and small. As e-commerce becomes an evermore ubiquitous facet of virtually every enterprise’s business strategy it is becoming more clear that many business functions are increasingly being performed by businesses of all sizes online and, in some cases, these businesses are even being maintained from an entrepreneur’s home.

This phenomenon is interesting for this blogger to note from the perspective of an American who is resident in Bangkok, Thailand as the Thai shop-house business model of maintaining a residence and business premises within close proximity has lead to a thriving small business community in the vast metropolis that is Greater Bangkok. This thriving business community, coupled with many of the other positive factors associated with doing business in Thailand, has lead to a vibrant economy that remains conducive to further foreign investment by entrepreneurs and businesses seeking to derive economic benefits both in Thailand and throughout the Asian markets. Of possible importance to Americans resident abroad or those thinking of residing abroad are the issues noted above as well as those associated with ownership of Thai property or Thai real estate especially in the form of a Thai Condominium.

In Thailand, as well as throughout many jurisdictions in Asia, there are restrictions placed upon foreign ownership of real estate. Although there are provisions allowing for foreign ownership of Thai property in many cases it is difficult, if not impossible, for a foreign national to secure freehold title (referred to as Chanote title in Thailand) in Thai real property such as land. However, it may be possible for a foreign national in Thailand, such as an American Citizen, to conveniently secure freehold title to a Thai Condo if the provisions of various laws and regulations on this issue, such as the Thai Condominium Act, are adhered to. Meanwhile, a foreign national who owns a Condo in Thailand may be qualified to receive a Foreign House Registration Booklet (referred to as a Tabien Baan for Thais or a Foreign Tabien Baan, or Yellow Tabien Baan for foreign nationals). Taking the aforementioned factors into consideration, in conjunction with the fact that for American Citizens and American Companies in Thailand there may be benefits pursuant to the provisions of various legal instruments such as the US-Thai Treaty of Amity which may provide the privilege of virtually 100% ownership of a Company in Thailand with “National Treatment” for certain business undertakings, one is left with little doubt that there are tangible legal benefits which could be accrued to the favor of Americans resident in Thailand conducting business in the ASEAN region as well as the regions of Greater Asia. Therefore,  investing in what this blogger would refer to as a “Thai Pad” (which non-literally alludes to the IPad-like gadgets allowing for increasingly easy real time access to the internet as well as the exponentially beneficial combination of privileges accruing to owners of Thai property registered on a Yellow Tabien Baan in conjunction with the advantages which may be had for Americans resident abroad utilizing a Thai company certified under the US-Thai Amity Treaty) could prove to have been prudent by future analysts in both tangible as well as intangible terms.

For related information please see: US Company Registration.

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25th January 2011

The administration of this blog recently noticed an article from the Reuters news agency in which the Chief Executive Officer of General Electric was commenting upon the economic situation in China and how this impacts the relationship between the United States of America and Peoples’ Republic of China in both the economic and political spheres. To quote directly from the Reuters News Service:

(Reuters) – For Jeff Immelt, the CEO of General Electric (GE.N), the 130 year-old American industrial behemoth, the financial crisis marked the end of the age of America’s economic dominance.

This blogger has noticed that there seems to be a level of pessimism regarding the American economy. Although it is currently going through economic turbulence, and has been for a while, the US economy, in this blogger’s opinion; remains one of best countries in the world for trade and economic activity. Those doing business in the USA may enjoy the benefits that come from the American financial, economic, and physical infrastructure. Hopefully, the optimism for which America has, in the past, been noted for will return once the economy returns to an “even keel”. Reuters continues:

But Mr. Immelt said the future will be different. For the next 25 years, he said, the American consumer “is not going to be the engine of global growth. It is going to be the billion people joining the middle class in Asia, it is going to be what the resource-rich countries do with their newfound wealth of high oil prices. That’s the game.”

A lot of that game will be played in China. At a moment when it is compulsory on the American right to pay homage to the exceptionalism of the United States, Mr. Immelt, a lifelong Republican, is matter-of-fact about China’s inevitable rise.

The interesting piece of information that this blogger noted in the aforementioned article was the fact that the G.E. CEO took notice of the fact that the middle class is growing rapidly in Asia. The thought of an Asian middle class numbering 1 billion or more is truly staggering when one takes into account the economic impact of such growth. As Asians in general become more affluent the side effects will likely be increased trade and economic activity as these newly minted members of the middle class use their new found wealth to make purchases of property, goods, and services (in Asia, the EU, UK, and the United States). The most poignant line of this Reuters article, in this blogger’s opinion was:

“It is going to be the biggest economy in the world,” Mr. Immelt said of China. “The only question is when.”

There is little doubt that China has an incredible capacity for growth and those looking international investment or business opportunities are well advised to research the Chinese market. That said, China does not represent the only country in Asia which has economic opportunities that are becoming more readily available to investors and entrepreneurs due to globalization. The Kingdom of Thailand, a member of the Association of Southeast Asian Nations (ASEAN), has investment opportunities in the form of Thai Property, Thai Real Estate, and Thai businesses. Furthermore, for Americans conducting business in Thailand can prove profitable especially since the US-Thai Treaty of Amity allows Americans to own virtually 100% of a Thai Company with Amity Treaty certification (sometimes referred to as an Amity Company).

Meanwhile, the landlocked country of Laos recently opened a Lao Securities Exchange in an effort to raise capital through equity investment. The Kingdom of Cambodia recently announced that a Cambodian Stock Exchange is to be unveiled in mid-2011 while recent reports have noted that Burmese officials hope to be in the process of creating a Myanmar Stock Exchange as well. Such developments remain to be fully realized, but such examples clearly indicate that Mainland China is not the only “game in town” when it comes to investment opportunities and economic growth in Asia.

For related information please see: US Company Registration.

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7th January 2011

It recently came to the attention of the administration of this blog that a new trade complex is to be erected in Bangkok for the purpose of facilitating the trade of Chinese goods in Thailand and Greater South East Asia. To quote directly from the Voice of America News website:

Chinese state media say work will begin this month on a massive trading complex in Bangkok where Chinese manufacturers will be able to re-export their goods.

The China Daily newspaper said Thursday that the China City Complex will cost $1.5 billion and sprawl over almost three-quarters of a square kilometer. Chinese manufacturers will be able to import goods to Thailand, taking advantage of a new free trade deal, and then ship to the United States and Europe under more advantageous quotas and tariffs.

It is interesting to note that China officially became the second largest economy in the world in 2010. This plan will likely result in an increasingly prosperous trade relationship between the Peoples’ Republic of China and the Kingdom of Thailand. The Voice of America News website went on:

China has been using trade and commercial projects to improve its diplomatic and strategic standing in Southeast Asia. Thailand’s deputy minister of commerce, Alongkorn Ponlaboot, is quoted by China Daily saying the China City Complex corroborates “a strategic business-partner relationship” between China and Thailand.

China’s free-trade agreement with the 10-member Association of Southeast Asian Nations was concluded last year.

Putting aside diplomatic and strategic matters, the ambitious project could result in economic benefits for many ASEAN countries (Association of South East Asian Nations) especially Thailand. The creation of a new commercial project such as the one proposed will likely come with the added benefit of new jobs for Thais near Bangkok, new business opportunities for Thai entrepreneurs, new trade opportunities for Thai, Chinese, and other foreign investors; and an overall increase in the flow of goods, capital, labor, and resources to the Kingdom of Thailand and the Greater ASEAN region.

Each year, foreign companies and individuals opt to pursue business ventures in the Kingdom of Thailand. In some cases, entrepreneurs incorporate a Thai Company in order to maintain limited liability while conducting business. Sometimes individuals opt to do business under a Thai sole proprietorship. Partnerships often prefer the added layer of limited liability that can be conferred upon certain members of a Limited Liability Partnership in Thailand. Large ventures conducting business in Thailand occasionally opt to take their enterprise public through the registration of a Thai public company. In any case, those wishing to conduct trade or business in the Kingdom of Thailand are well advised to contact a Law Firm in Thailand as advice and counsel regarding the unique aspects of Thai law can be highly advantageous for businesses making their first appearance in the Thai market. Foreign nationals employed or working in Thailand should note that all foreigners working within the jurisdiction of the Kingdom of Thailand are required to have a Thai work permit in order to lawfully take up virtually any type of employment.

Matters pertaining to the acquisition of Thai property or Thai Real Estate within the context of multi-jurisdictional business transactions can be complex and multifaceted. For this reason it is highly advisable that foreign nationals or foreign companies conducting business in the Kingdom of Thailand retain the services of a firm to assist with Thai property matters prior to making an irrevocable decisions regarding the acquisition of Thai real estate or property.

For related information please see: US Company Registration or Legal.

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20th July 2010

A Thai prenuptial agreement (also referred to as a Thai prenup) can provide a great deal of protection for individuals should a marital union be dissolved. A premarital agreement can also be very beneficial because it can provide certainty and transparency for the parties to a marriage. That said, a prenuptial agreement (Thai or otherwise) should be drafted in such a way that it provides protection for one’s property or real estate holdings as well as corporate assets and financial instruments. In Thailand, ensuring that a prenuptial agreement comports with all applicable formalities can be difficult which is why it is always prudent to consult with a Thai lawyer regarding such matters. For those foreign nationals with assets outside of the Kingdom of Thailand it may also be wise to consult with an attorney in the jurisdiction where one resides or maintains property in order to take all reasonable measures to ensure the integrity of one’s estate.

In Thailand, a prenuptial agreement must be registered at the time of the marriage in order for it to be enforceable by Thai courts. In a way, it may be better to think of prenuptial agreements as simply “nuptial  agreements” as the agreement does not exist until the simultaneous registration of that document and the marriage. Many Americans in Thailand opt to register a prenuptial agreement prior to the marriage that will act as a basis for a US Marriage Visa.

Corporate Assets

For those with corporate assets in the form of stocks, bonds, mutual funds, or options it is always prudent to seek information regarding a prenuptial agreement as such an agreement could protect one’s corporate assets in the event of a marital dissolution. In Thailand, those who have an ownership interest in a Thai company are wise to research prenuptial agreements prior to marriage in order try to maintain one’s holding in the event of a divorce.

Thai Property

Although foreign nationals cannot own land in Thailand, there are other property interests that one may have pursuant to Thai law, these include, but are not limited to: Thai Condo ownership, Thai usufructs, Thai 30 year leases, etc. Those with Thai real estate should consider a Thai prenup prior to marriage registration.

Marriage is a major event in one’s life. It can also have a significant impact upon the legal posture of one’s assets and interests. Therefore, those with an eye towards marriage should consult with a family lawyer within one’s local jurisdiction prior to marriage registration in order to help ensure that one’s assets are properly protected.

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26th June 2010

In a recent posting on the Chiang Mai Mail website, issues surrounding foreigners’ rights in Thailand were discussed. The issues came up in the context of a recent road show conducted by the Thai Ministry of the Interior. Foreigners residing in Thailand sometimes find it difficult to fully exercise their rights as the rules themselves can be somewhat vague. For example, the issue of alien registration on a Thai Tabien Baan can be confusing as few foreign nationals are fully aware of their right’s regarding registration. To quote the Chiang Mai Mail’s report about the recent Interior Ministry Roadshow:

Holders of Permanent residency can get a blue book (Tor Ror 14) and holders of temporary visas can get on the yellow book (Tor Ror 13) before they can apply for naturalization. The Provincial Administration reiterated an important point, that foreigners have the right to be listed on the census registration, “It is not well known even among officials. We have contacted registration officials that you have this right and you should insist on it.”

For many, registration on a Yellow Tabien Baan is beneficial because many Thai government offices view a Tabien Baan as definitive proof of lawful presence in Thailand and use the information in the Tabien Baan accordingly. Another issue that came up at the aforementioned roadshow was the issue of naturalization of those seeking Thai Citizenship. In the past, the language requirements for naturalization were rather stringent. During the recent roadshow the spokesperson for the Interior Ministry commented upon the revised linguistic requirements for naturalization to Thai Citizenship:

The requirements for naturalization were laid out, including the income requirements for both those married to Thais and those not married to Thais. The linguistics requirement has been reduced but the applicant must be able to sing the National and Royal anthems. Speaking and listening is mandatory but reading and writing is no longer required.

Finally, of particular interest to many foreign nationals in Thailand is that of the 90 day “check in” for foreigners present in the Kingdom on a “temporary” visa such as a Thai business visa or a Thai O visa. Regarding the Ministry of Interior’s stance on the issue, the Chiang Mai Mail was quoted as saying:

The next issue under discussion was Immigration and the right of habitation. Immigration officials discussed the various visas and how to obtain them as well as how to obtain Permanent Residency. The main issue of contention brought up by multiple Consul Generals, including Japanese Consul General Junko Yakata, was that of the 90 day reporting required of all foreigners on long stay visa extensions. Consul General Yakata told the officials that there are 3,000 Japanese nationals living in Northern Thailand. She requested a simplification of the process, perhaps by extending the length of time needed in between reports.

Chinese Consul General Zhu Weimin requested a change in the 90 day reporting procedure as well, citing the large numbers of Chinese students who attend Chiang Mai schools who cannot take time off from school to travel to Immigration to report. He suggested they open on the weekends for those who have jobs and classes.

The official justified the 90 day reporting by saying “it allows us the best possible protection. If someone goes missing then we have more recent information as to their whereabouts to give to the Embassy.”

90 day reporting is currently required of those foreigners remaining in Thailand on a Thai visa extension. Anyone in the Kingdom on an extension must report their address every 90 days. As can be gathered from the above quotation, some foreign nationals in Thailand feel that the 90 day reporting requirement is cumbersome. However, Thai authorities seem unwilling to change the rules as the current system would seem to provide the most efficient method of maintaining records as to the last known addresses of foreign nationals in Thailand. This is important as Thai authorities can use the data from 90 day reporting to apprise foreign governments of the location of their citizens for purposes of death or disappearance in Thailand. In this author’s opinion, the 90 day reporting scheme is rather cumbersome, but no one, as of yet, has provided a feasible alternative which would comport to the needs of all concerned.

For Related Information please see: Thailand Permanent Residence.

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12th May 2010

Recently, the website ThaiVisa.com announced that the Thai Cabinet has drafted proposed legislation for the enactment of laws that would tackle the difficult legal issues surrounding surrogate parents and reproductive rights. The following is quoted from ThaiVisa.com:


BANGKOK: — The Cabinet yesterday approved draft legislation for children born through the use of Assisted Reproductive Technologies (ART), deputy government spokesman Bhumin Leeteeraprasert said.

This law permits two kinds of surrogate pregnancy: the one that uses the egg and sperm of a married couple; or one that uses the egg or sperm of either a husband or a wife, paired with the sperm or egg of another person.

According to the draft law, the Juvenile and Family Court would be given the authority of judging paternity cases for such children and a committee would be set up to protect the children. It also stipulates that the surrogate mother should be married, and her husband should consent to another man’s sperm being used. The draft law also authorises the Medical Council to set the criteria, methods and financial conditions for the care of surrogate mothers before, during and after the pregnancy.

The draft law also covers the criteria for the donation of eggs or sperm, their storage and the use of ART. It also prohibits the use of the egg or sperm of donors who have died without leaving written consent.

It also lists punishment for unethical doctors and makes transitory provision for endorsing medical professionals to be responsible and provide ART services according to the Medical Council’s regulations.

It also covers a transitory provision to endorse the rights of those born through the use of ART before this law goes in effect provided a request is filed with the authorised court to declare a surrogate child as a legitimate offspring of a couple that resorted to ART.

In the United States, many of these issues come up in court proceedings as many of these issues are, at their root, constitutional questions in the USA. In Thailand, as technology progresses at an increasingly dizzying rate, these issues must be dealt with or else those who wish to enjoy the benefits of technological progress will be left in something of a legal “limbo” if an unforeseen problem should arise. It is also interesting to note that the proposed law would address the issue of those would die and leave their genetic material in the care of those who can store such items. This author applauds the Thai Cabinet for choosing to prohibit the use of such genetic material unless the person to whom it belongs bequeaths it to another person prior to their death in an instrument such as a Thai Will.

For further related information please see: Thailand Property Law or US Fiance Visa Thailand.

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28th March 2010

For many Thai-American couples a prenuptial agreement is an effective method of ensuring that bot parties understand the rights, obligations, and responsibilities that marriage entails. The US Embassy in Bangkok, Thailand issues a large number of visas to the fiancees and spouses of American Citizens. As this is the case, one of the ancillary issues regarding US Immigration involves prenuptial agreements as many couples opt to have a Thai Prenuptial Agreement signed prior to a marriage which is used as a basis for a K3 Visa or a CR1 Visa or they opt to have a prenuptial agreement drafted prior to a Thai fiancee’s departure to the USA on a US fiance visa (also known as a K1 visa). That being said, having a prenuptial agreement properly drafted is extremely important as failure to properly draft such an important document could lead to unforeseen problems down the road.

In previous posting on this blog, this author has discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and fly by night operations claiming to be either lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). With regard to a Thai prenup, one should retain a licensed American attorney to draft a prenuptial agreement if for not other reason than the fact that they are trained in the working of United States law as well as the common law system in general. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of one’s assets.

The obvious question that many people in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is a lawyer? As with United States Immigration matters, the best way to verify an individual’s credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a US Federal jurisdiction. After receiving the individual’s credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that the individual is an attorney in that jurisdiction.

Prenuptial Agreements are very important documents and they should be carefully drafted by someone with legal acumen. Entrusting something so important to those without credentials is a risky endeavor that will likely not be recognized until long after correspondence with the drafter has terminated.

For further information please see: Prenuptial Agreement Thailand.

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