dvancements in medical technology have created new possibilities for individuals facing infertility or medical conditions that prevent pregnancy. Surrogacy has emerged as one such option. However, in Thailand, surrogacy is strictly regulated and must comply with detailed legal and ethical requirements.
At Herrera & Partners, our Bangkok law firm regularly advises private clients on family law and regulatory matters. We have prepared the following overview of the legal framework governing surrogacy in Thailand.
1. Legal Definition of Surrogacy in Thailand
Surrogacy in Thailand is governed by the Protection for Children Born through Assisted Reproductive Technologies Act B.E. 2558 (2015) (“ART Act”).
Section 3 defines surrogacy broadly as pregnancy through assisted reproductive technologies. Section 22 further specifies two permitted forms:
(1) Full Genetic Surrogacy
An embryo created from:
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The sperm of the legally married husband, and
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The egg of the legally married wife
The couple must be legally married under Thai law.
(2) Partial Genetic Surrogacy
An embryo created from:
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The sperm of the husband or
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The egg of the wife
Combined with genetic material from another donor.
Important restriction: The egg of the surrogate mother may not be used under any circumstances.
2. When Is Surrogacy Allowed?
Surrogacy is permitted only in cases of clear medical necessity.
Examples include:
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The wife has no uterus
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The uterus is abnormal
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Pregnancy poses a serious health risk
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The wife is medically diagnosed as unable to conceive naturally
A licensed physician must certify the medical necessity.
3. Eligibility Requirements for Intended Parents
Under Section 21 of the ART Act, the intended parents must meet strict conditions.
Nationality and Marriage Requirements
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The couple must be legally married.
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The wife must be unable to conceive.
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Both spouses must be Thai nationals.
If one spouse is not Thai:
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The marriage must have been registered for at least three years.
4. Requirements for the Surrogate Mother
The law imposes strict conditions on who may act as a surrogate:
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She must be a blood relative of the husband or wife.
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She must not be a parent or descendant of either spouse.
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She must have previously given birth.
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If married or cohabiting, her husband/partner must provide written consent.
If no suitable blood relative is available, another woman may act as surrogate, provided approval is granted under criteria issued by the Minister of Public Health upon recommendation of the Child Protection Committee.
5. Written Agreement and Government Approval
Before pregnancy:
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A written surrogacy agreement must be signed.
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The agreement must state that the child will be the legitimate child of the married couple.
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Approval must be obtained from the Child Protection Committee.
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The procedure must be carried out by a licensed medical practitioner at an authorized facility.
Termination of the pregnancy also requires prior authorization from the Committee. Neither the surrogate nor the intended parents may independently terminate the pregnancy.
6. Strict Prohibition of Commercial Surrogacy
Thailand strictly prohibits commercial surrogacy.
The following are illegal:
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Acting as an intermediary or agent
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Receiving compensation beyond permitted medical and reasonable expenses
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Advertising for surrogate mothers
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Advertising to find intended parents
Although there have been reports of non-compliant clinics, violations may result in criminal penalties.
Because assisted reproductive services fall within the broader framework of regulated medical activities, compliance considerations may overlap with healthcare regulatory law. For more information, please see our Pharmaceutical and Life Sciences practice page:
https://herrera-partners.com/pharmaceutical/
7. Legal Status of the Child
Section 29 of the ART Act provides important legal certainty:
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A child born through lawful surrogacy is the legitimate child of the intended married couple.
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The surrogate mother has no parental rights.
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Even if one intended parent dies before birth, the child remains the legitimate child of the couple.
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The intended parents may not refuse to accept the child.
This statutory framework ensures legal clarity and protects the child’s status under Thai law.
8. Ethical Considerations and Public Policy
Surrogacy involves significant ethical considerations, particularly regarding:
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Protection of children’s rights
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Prevention of exploitation
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Public morality
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Prevention of commercial reproductive arrangements
Thailand’s regulatory model is designed to prevent abuse while allowing medically necessary surrogacy under strict supervision.
Frequently Asked Questions (FAQs) on Surrogacy in Thailand
1. Is commercial surrogacy legal in Thailand?
No. Commercial surrogacy is strictly prohibited. Any compensation beyond permitted medical and reasonable expenses is illegal.
2. Can foreigners use surrogacy services in Thailand?
Generally, both spouses must be Thai nationals. If one spouse is foreign, the couple must have been legally married for at least three years. Fully foreign couples are not permitted to enter into surrogacy arrangements in Thailand.
3. Can the surrogate mother use her own egg?
No. The law strictly prohibits using the surrogate’s egg.
4. Must the surrogate be related to the intended parents?
Yes. The surrogate must be a blood relative of the husband or wife, unless no relative is available and special approval is granted.
5. Who is the legal mother of the child?
The intended wife (as part of the legally married couple) is considered the legal mother. The surrogate mother has no parental rights.
6. Can the intended parents refuse to accept the child?
No. The law prohibits intended parents from refusing to accept a child born through lawful surrogacy.
7. Is prior government approval required?
Yes. Approval from the Child Protection Committee is mandatory before proceeding with surrogacy.
8. What happens if one intended parent dies before the child is born?
The child remains the legitimate child of the intended married couple under Section 29 of the ART Act.
Legal Consultation on Surrogacy in Thailand
Surrogacy arrangements require careful legal structuring and full compliance with Thai law. Violations may result in criminal liability and invalid arrangements.
If you require legal advice regarding surrogacy in Thailand, don’t hesitate to get in touch with our Bangkok law firm.
