Australia has called on Thailand to allow for a transition period before banning commercial surrogacy to enable Australians to receive children still being carried by Thai surrogate mothers.
Foreign Minister Julie Bishop made the request during talks with acting Thai Foreign Minister Sihasak Phuangketkeow at the ASEAN Foreign Ministers meeting in Myanmar's capital, Naypitdaw, on Saturday.
Mr Sihasak told reporters Ms Bishop had said the Australian government had no policy to support commercial surrogacy and Thailand had full authority to deal with issue.
But Ms Bishop raised the issue of ongoing cases of surrogate mothers for Australian women and requested Thai authorities allow for a "transition period" for the births "for humanitarian reasons" before enforcing proposed laws.
The Australian families have already paid thousands of dollars to agents and the surrogate mothers for the procedure.
Ms Bishop's request comes as Thailand prepares to fast track legislation through the National Legislative Assembly.
The bill, known as the Protection of Children born as a result of Assisted Reproductive Technologies Act, will replace guidelines but in the absence of any existing legislation.
Legal experts say weak legal framework enabled the development of commercial surrogacy to grow in Thailand.
The new law aims to ensure that babies born to surrogate mothers will be legally recognised as the child of the commissioning parents, but with restrictions on surrogacy services.
Existing laws set out that new born children legally belong to the birth mother, even if she is not the biological parent.
A key to the bill would be the outlawing of commercial surrogacy, banning of agencies acting as brokers or accepting financial or other benefits.
The advertising for women to act as surrogates for commercial purposes would also to be made illegal.
The new laws follow the high profile case of a Thai surrogate woman, 21-year-old Pattaramon Chanbua, who accused a Western Australian couple of abandoning a twin boy diagnosed at birth with Down syndrome and known as Gammy.
Ms Pattaramon was reported to have been paid $US14,900 ($A16,120) as the surrogate mother who delivered twins, the healthy girl child was taken back to Australia.
The Australian man was convicted of child sex offences in the 1990s.
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