Criminal Prosecution by Authorized Representative Case Study on the Children Born Using Assisted Reproductive Technology

Abstract

This research article aims to study legal problems on criminal prosecution by the authorized representative in the case of children born using assisted reproductive technologies by using documentary research method. The results show that there are ambiguous legal problems regarding the parental powers to file a lawsuit on behalf of their descendants. The cause of the problem is the fact that the Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558 does not specify parental rights and duties in criminal prosecution. This might lead to the issue on the determination of a person having the authority to act on the behalf of the descendants in the criminal process by using the relationship between the parents and the descendants. As a result, it has been found that the parents in the case of children born by using assisted reproductive technologies have the power to act on behalf of the injured person. In conformity of the principle of genetic symbiotic relationship, the principle of intent and the principles of use and interpretation of the Criminal Procedural Code, it is not contrary to the intent of the principle of empowering the real injured person and the parents to act on children’s behalf stipulated on the Criminal Procedural Code. The research provides three recommendations to clearly define parents, descendants, and their rights and duties under the Criminal Procedural Code in the case of the sperm and egg donation by any person in the same approach with the Act on the Protection of Children Born Using Assisted Reproductive Technology B.E. 2558.