Thailand Surrogacy is a legally regulated arrangement whereby a woman agrees to carry a pregnancy for a legally married couple who will become the child’s legal parents after birth. Under Thai law, surrogacy is strictly controlled to protect the rights of the child, the intended parents, and the surrogate mother.
Yes — but only under strict legal conditions.
Surrogacy in Thailand is governed by the Protection of Children Born from Assisted Reproductive Technologies Act (B.E. 2558 / 2015).
This law:
Couples whose child was born through surrogacy before the Act came into force were allowed to petition the court for recognition under transitional provisions.
The Act defines Assisted Reproductive Technology (ART) as any medical procedure involving the removal of eggs or sperm from the human body for the purpose of achieving pregnancy by artificial means.
Surrogacy under Thai law must involve pregnancy achieved through ART procedures.
Important genetic requirement:
No. Commercial or profit-driven surrogacy is strictly prohibited.
It is illegal to:
Violations may result in criminal penalties, including imprisonment and substantial fines.
The intended parents must:
Nationality requirements:
Since Thailand now legally recognizes same-sex marriage, legally married couples may qualify if they meet the statutory requirements. However, practical implementation may depend on regulatory and medical institution policies.
Single individuals are not permitted to pursue surrogacy under Thai law.
Requirements for the Surrogate Mother:
The surrogate mother must:
A written surrogacy agreement must be executed before embryo transfer.
The Act clearly states that the intended married couple are the legal parents of the child born through lawful surrogacy.
The surrogate mother does not have parental rights.
The intended parents cannot deny parentage once the child is born through legally compliant ART procedures.
A legally compliant surrogacy arrangement must include:
Failure to comply with statutory requirements may result in criminal liability and invalidation of parental status.
Thailand’s surrogacy framework is highly regulated and strictly enforced. Any mistake in eligibility, documentation, or medical compliance may result in serious legal consequences.
If you are considering surrogacy in Thailand, proper legal assessment and structured guidance are essential from the outset.
Contact Magna Carta Law Firm for a confidential consultation to determine whether you qualify under current Thai law and to ensure full legal compliance.
Disclaimer
This article provides general information only and does not constitute legal advice. Each case depends on specific facts and eligibility requirements under Thai law.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
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