Following the enactment of Thailand’s Marriage Equality Act in early 2025, which recognizes and supports the rights of the LGBTQIA+ community, several laws relating to the rights and obligations of spouses, families, and children are being revised to align with the new legal framework. These include the surrogacy law and regulations governing assisted reproductive technology. Our law firm in Thailand Herrera and Partners H&P have prepared a summary of the surrogacy bill.
In early 2026, a Bill amended to the Protection for Children Born through Assisted Reproductive Technologies Act was introduced. The key proposed amendments are as follows:
- Replacing “Husband and Wife” with “Spouses”
The Bill replaces the terms “husband and wife” with “spouses” throughout the Act to align with the Marriage Equality Act. Under the revised definition, “spouses” refers to two persons who are legally married under Thai law, regardless of gender.
The amendment aims to strike a balance between expanding access to assisted reproductive technology and protecting the rights and welfare of children, intended parents, surrogate mothers, and medical professionals.
This change would allow members of the LGBTQIA+ community to access surrogacy and other assisted reproductive technologies while ensuring legal protection for children born through these procedures.
- Expanding the Powers of Competent Officials
The Bill grants competent officials the status of criminal investigation officers under the Criminal Code.
This would authorize them to conduct inspections, carry out searches, and enforce the law more effectively.
- Revising Surrogacy Requirements for Foreign Spouses
The Bill would allow foreign married couples to apply for surrogacy arrangements in Thailand, subject to specific conditions designed to prevent exploitation of vulnerable groups. These include requirements relating to the duration of the marriage, recognition of the child’s legal status under the relevant foreign law, and requiring the surrogate mother to share the same nationality as one of the intended parents to reduce the risk of exploitation.
- Allowing the Export of Reproductive Materials
The proposed amendment would permit the export of sperm, eggs, and embryos with prior approval from the national committee. This measure is intended to facilitate continued access to fertility treatment for service users who relocate overseas.
- Increasing Criminal Penalties
The Bill proposes stricter penalties to combat human trafficking and prevent commercial exploitation of surrogacy and assisted reproductive technology services.
For example, any person arranging commercial surrogacy, whether inside or outside Thailand, could face imprisonment for up to 10 years and a fine of up to THB 2 million, or up to three times the financial benefit obtained from the offence. A fine of up to THB 10,000 is also proposed for individuals who obstruct the performance of duties by competent officials.
In addition, the Bill includes several other amendments aimed at strengthening legal protections for children born through surrogacy or other assisted reproductive technologies.
At present, the Bill is in the public consultation stage. The Department of Health Service Support under the Ministry of Public Health has invited members of the public, healthcare facilities, medical practitioners, and other stakeholders to submit their comments.
Following the consultation process, the relevant authorities will review the feedback, revise the Bill where appropriate, and then submit it to the Cabinet for further consideration.
If you look for legal advice in Thailand, please contact our Bangkok lawyers with area of expertise in private clients at info@herrera-partners.com
