Thailand Surrogacy Law

Background:

Surrogacy births provide an alternative method for having children. A couple may choose a surrogate to give birth to their child for a number of reasons. 

Although medical technology has made great advances in the field of IVF pregnancies and surrogate births, the development of the law in these areas has unfortunately lagged behind. Currently, as of the latest update to this website, there is no comprehensive surrogacy law or statute in Thailand. As a result, surrogacy in Thailand can pose complicated legal issues. Intended parents who are not nationals of Thailand need to be cognizant of the laws that apply in Thailand, as well as the laws of their own country, relating to parentage and citizenship.

Thailand has recently witnessed a boom in surrogacy and related medical procedures. This is due, in part, to changes in the laws of other countries that currently make surrogacy more difficult, a growing acceptance of gay marriage, and developments in medical technology. There are agencies and health clinics in Thailand that openly engage in locating surrogate mothers and egg donors. Nevertheless, IVF implantation, egg donation, and surrogacy are relatively new areas of medicine and Thailand's Medical Council has taken a cautious and conservative view and has not officially endorsed surrogacy practice. These practices are still in the legal and medical "grey area".  

Our Experience

We have assisted multiple surrogacy agencies in Thailand in providing legal advice and in drafting agreements for surrogates and intended parents. We have also assisted scores of intended parents in gaining parental rights and sole custody, as well as citizenship requirements, for their children born of surrogate birth mothers. Our attorneys have also assisted in contested cases regarding custody of children born of surrogates and related litigation.

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