Surrogacy in Malaysia

The modern medical science, especially to aid the reproductive generation, has made the law obsolete in many jurisdictions in the industry, including Malaysia.

Surrogacy in Malaysia

Approximately 15 percent of the population in Malaysia16 is infertile. A daily sentence piece report on July 12, 2009 indicated a UN record that states that the US fertility fee has fallen from 3.6 children per couple in 1990 to 2.6 children.

These new scholarly works reveal many of the widespread problems in prisons that courts and lawmakers continue to grapple with. A proposed law, the Assisted Reproduction Methods Act, aimed at regulating reproductive technologies, including surrogacy, may soon be introduced in the Malaysian Parliament.

Malaysia’s proposed law will address issues that include surrogacy, sperm or egg banking and sperm donation. Malaysia is taking a cautious approach to regulation on this issue and is not trying to become a ‘hire-a-womb’.

The Malaysian Science Council (mmc) has also informed the country that the use of assisted reproductive age (art) is a prohibited practice and is not ethically acceptable for unmarried couples.

Malaysia no longer recognizes same-sex marriage.

In Malaysia, any proposed art law must bear in mind the complexities brought about by the dual criminal gadget for Muslims and non-Muslims. This is because non-public law (family law) for Muslims is governed by Sharia law, while non-Muslims are governed by civil law.

In the current land of regulation in Malaysia, such as traditional and gestational surrogacy, the regulatory regime can be seen to be a combination of general regulation, private regulation, registration and enforced professional ethics.

However, there is no Malaysian legislation of place within the state-of-the-art social context that specifically prohibits a period in a surrogacy arrangement that includes the surrogate mother’s rights. This is a serious apparent gap in the regulations and may advocate that transnational crime laws be considered as an opportunity applicable to a surrogacy arrangement.

So far, Malaysia has not played a role in entrepreneurship and/or altruistic surrogacy. This is strongly assessed by neighboring Thailand, which with regard to July 30, 2015 18 banned commercial surrogacy for foreigners and same-sex couples under the protection of young people born under the assisted reproduction law.

The development arose out of the controversial Baby-Gammy case, where an Australian commissioner couple abandoned twins who were born with head in the heart and Down syndrome, even with a normal girl. The commission’s father, David Farnell, also allegedly had sexually abused children. In reality, inaction may not be an option.

The Malaysian government is recommended to renew legislative efforts for comprehensive regulation and regular monitoring of reproductive treatment methods in the areas of ivf/surrogacy strategies and biomedical/embryonic research to address current rights and responsibilities arising from cases of surrogacy offers.

In Malaysia, it is believed that surrogacy is becoming more popular as a way for infertile couples to have a child. However, there are no reliable facts about surrogacy in Malaysia as it can be personal preparations. There are still no provisions on the use of surrogates for the birth of a child.

References:

  • https://www.tandfonline.com/doi/abs/10.1080/03050718.2016.1256785?needAccess=true&journalCode=rclb20#:~:text=Generally%2C%20the%20use%20of%20a,National%20Fatwa%20Committee’s%20legal%20ruling.
  • https://shooklin.com.my/pdf/Family-Law-October-2015-Goh-Siu-Lin.pdf

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