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Surrogacy in Thailand
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Thailand was a once popular choice that attracted international attention due to the country having advanced medical services and lower expenses for top surrogacy practitioners, but in 2015 the law changed. Before the changes, some agencies and clinics offered guaranteed surrogacy programs. But since then, restrictions on surrogacy have been introduced that only allow surrogacy in the altruistic form, prohibiting these types of programs, under the Protection for Children Born through Assisted Reproductive Technologies Act 2015. This is one of the reasons anyone considering the best surrogacy options in Thailand should completely understand how surrogacy is legal, the frameworks, costs associated with it, and the options available, ideally with help of professional surrogacy consulting services, before proceeding with your surrogacy experience.
Throughout this guide, we will aim to provide you with enlightenment to surrogacy in Thailand, cover their new surrogacy laws, processes, expenses, and any ethical concerns for both local and international intended parents.
Today, there are laws surrounding surrogacy where only legally married in Thailand, heterosexual couples are permitted to take part in the surrogacy journey. The intended mother will be required to prove that she can’t carry a pregnancy for reasons such as an absence of her uterus, and they must hold Thai nationality. Unfortunately, this means that international, single, and same-sex couples are prohibited from using the practice in the country, and many explore options outside Thailand. As a once popular choice to pursue surrogacy services for international intended parents, sometimes known as prospective parents, due to the affordable and best IVF clinics throughout the country, especially Bangkok surrogacy, as well as access to a Thai surrogate mother, it has now become strict in their guidelines. Although there are limits, Thailand stays central in the global debates on surrogacy and national law.
Thailand has changed its views and laws dramatically over the last few years, therefore, it’s important to look into the law on surrogacy and the practical impact it has on intended parents.
The simple answer is yes, but there are huge aspects to think about when you consider surrogacy. To be following the laws of surrogacy, specific guidelines must be followed in order to prevent any issues arising later on in the journey. The law states prospective parents must be a national of Thailand, married heterosexual Thai couples, as well as the intended mother must prove she is medically unable to carry a baby.
In addition to the above the arrangement has to be altruistic, gestational surrogacy and the woman wishing to be the intended parents’ surrogate must be a relative of the intended mother or father. Commercial surrogacy is prohibited in Thailand, which means financial compensation that is given for more than the necessary medical expenses is banned.
Before the changes, it was a leading surrogacy destination for international surrogacy in Thailand, but it’s important to know that surrogacy in the country has had high profile scandals which led to the country’s reforms. As previously mentioned, the Protection for Children Born through the Assisted Reproductive Technologies Act 2015 regulates surrogacy in Thailand and this has restricted access to the service making only Thai nationals eligible. This has now prevented surrogacy for foreign prospective parents, singles and same-sex couples from participating in the country.
The authorities also clearly stated surrogacy agencies offering commercial options are now prevented from offering it as they want to prevent exploiting women and misusing the service. These legal surrogacy changes put Thailand under one of the most restrictive countries in Asia when it relates to having a baby via surrogacy. In contrast, surrogacy in Mexico continues to allow foreign intended parents in certain states, making it a common alternative for those who previously looked to Thailand.
The minute Thailand’s surrogacy views changed was when there was a controversial case that caused ethical concerns in 2014. This case was internationally known as the “Baby Gammy.”
For those who may not have heard of this particular case, it has been a scandal that has cast a shadow over the surrogacy practices. An Australian couple pursued surrogacy in Thailand, but upon the birth of twins through a Thai surrogate mother, one of them was diagnosed with Down syndrome. The Australian couple then chose to leave the child in Thailand with the surrogate while taking his healthy twin back to Australia.
This case exposed the imbalance in the law enforcement and fired up public debate about protecting a surrogate and the involvement of children via surrogacy. Understandably, this resulted in the government introducing the reforms and banning international and commercial arrangements, changing the practice in its entirety within the country’s borders.
The future of surrogacy in Thailand is still continuously debated, some are requesting more broader access so that individuals in Thailand may seek surrogacy, but lawmakers are prioritising the prevention of exploitation. Currently, Thailand’s legality for the practice applies only to altruistic surrogacy cases for married Thai couples, and the strict laws will remain unchanged, for now.
Although Thailand’s laws remain restrictive, its past presence in the surrogacy market continues to influence international policy and ethical discussions.
We know this is a significant decision that requires time. That’s why your first consultation with us is a pressure-free conversation, not a sales call.
Although the options are limited for surrogacy in Thailand, it’s important to differentiate the forms that are recognised as well as prohibited under the current surrogacy regulations.
Commercial surrogacy is a form where a surrogate mother will receive compensation for her time and commitment, which is banned in Thailand.
Non-commercial surrogacy, also known as altruistic surrogacy, is when a surrogate will receive reimbursements only for surrogate mother costs in respect of medical services and pregnancy related expenses, this is legal in Thailand.
If prospective parents take part in commercial surrogacy in Thailand, they will be doing so illegally, and it’s highly advised to stay away from this form of surrogacy in the country.
Surrogacy abroad, cross border surrogacy, or international surrogacy is when foreign prospective parents may participate in the practice, which is legal in countries where surrogacy is permitted, like Georgia. However, in Thailand it is illegal for foreigners to take part.
Domestic surrogacy is when you are a national of the country you are pursuing surrogacy in, this is the type of surrogacy permitted in Thailand. In addition to this, it must be an altruistic arrangement between the married couples and the Thai surrogate mother must be a legal sibling of one member of the prospective parents’ family.
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Years of helping people become parentsThe processes and path to parenthood for Thai surrogacy is highly regulated, and each stage has been created to protect both the intended parents and the child.
For the first step, the couple has to prove they are medically infertile. The intended mother must provide professional evidence from a certified doctor of her condition, such as repeated miscarriages, an absence of a uterus, or a health risk that prevents a pregnancy. Legally married couples who are Thai nationals are the only eligible prospective parents, and all applications will be reviewed by authorities prior to the surrogacy treatment beginning.
Following this, the legal aspects of surrogacy will be discussed and contracts will be signed between the parties, within this the surrogate mother will confirm that she is comfortable with the altruistic form.
Once all of the above is completed, the in-vitro fertilisation (IVF) treatment will begin, and the embryo will be created and transferred to the surrogate mother’s uterus. The pregnancy will then be confirmed provided everything has run smoothly and the surrogate mother will receive pregnancy care.
Finally, upon the birth of the baby, the intended parents will present the agreement to the doctor as evidence, as well as notify the registrar under the law of civil registration. This ensures the intended parents will be named as the legal parents on the birth certificate.
A surrogate mother in Thailand is required to be a relative of the intended mother or father, and they must have previously given birth to a healthy child of her own. Although the law does not state the age of a surrogate, agencies who are likely to assist intended parents in Thailand have their own requirements, usually requesting they are between the ages of 20-40. Additionally, the surrogate should be healthy both physically and mentally, including having an acceptable BMI without a history of drug or alcohol abuse. She will need to pass infectious disease screening too. As compensation is not permitted in the country for the surrogate’s time and commitment, and only the reimbursement of pregnancy related costs are allowed, such as medical care, travel, or living expenses.
Surrogacy involves medical procedures, in particular, an embryo creation using IVF. The embryos are created using the genetic materials of the intended parents only. Egg donors or sperm are not allowed in Thailand. The surrogate will proceed with hormonal preparations to her, to increase the success of the embryo transfer. This is then followed by the confirmation of the pregnancy, and continuous monitoring will be conducted from a licensed clinic or other approved centres.
The Thailand surrogacy law requires intended parents and surrogate mothers to sign detailed contracts before any medical procedures or treatments begin to make sure there is legal protection. Each agreement must clearly state everyone’s medical responsibilities, the financial support that will be provided, and custody of the baby. After the baby is born, this will ensure the intended parents are legally recognised as the child’s parents, removing the surrogate from having any parental rights.
The surrogacy cost in Thailand is restricted to only the medical and necessary living costs due to commercial surrogacy being banned. On average, the cost of surrogacy in Thailand ranges from $30,000 to $50,000 USD, which places the country with one of the lowest costs for the practice, it usually covers IVF treatment costs, hospital care for the surrogate, and legal services, and many see this as an affordable surrogacy option. The surrogate mother Thailand cost is the reimbursement for pregnancy related expenses, and not a direct payment for compensation. It’s very important to be aware the cost may vary from clinic to clinic, or country to county.
Surrogacy clinics are equally important for a journey in the practice, only licensed and best surrogacy clinics in Thailand are permitted to provide surrogacy, mainly in Bangkok. They are usually accredited and follow the Ministry of Health standards as well as the national laws which is why they are offering the best surrogacy services. Intended parents who are looking for surrogacy are advised to check the clinics accreditation, their IVF results, and the legal support before entering into an agreement. Fertility clinics in Thailand will only serve Thai married nationals to coincide with the laws.
Ethical considerations are a role that is central to surrogacy in Thailand. The ban on surrogacy plans which are commercial was brought in to prevent the exploitation of women and protect the baby’s rights. It has limited participation to married Thai nationals only, who have been married for at least three years and it does exclude singles, the LGBTQ+ community, and foreigners which does raise debates about the equality of their rules. Authorities are firm on their stance that only altruistic arrangements are permitted and legally acceptable within the national borders of Thailand. If single individuals, international people, and LGBTQ+ surrogacy is what you are looking for, it would be advised to contact an agency or clinic to discuss your international surrogacy options.
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