Surrogacy and Thai Law

Thailand's Protection of Children Born Through ART Act B.E. 2558 (2015) strictly governs surrogacy.

Key Provisions

• Commercial surrogacy is illegal — no payment to surrogate beyond actual medical costs
• Surrogate must be a blood relative of the husband or wife
• Intending couple must be Thai citizens, married at least 3 years (unless medical exception)
• Must receive approval from the Protection Committee
• Surrogate must have prior children of her own, age ≥ 20

Medical Indications

• Absent uterus (congenital or after hysterectomy)
• Uterine abnormality preventing pregnancy
• Medical condition making pregnancy dangerous

Process

1. Medical evaluation confirms indication
2. Application to Committee with complete documentation
3. Wait for decision (2–6 months)
4. Begin IVF if approved
5. Embryo transfer to surrogate
6. Child is legally the intended parents' from birth

Warning for Foreigners

Since 2015, foreign surrogacy in Thailand is illegal. Violations carry severe criminal and financial penalties.