Surrogacy Laws in Thailand 2026: What You Need to Know

The 2015 Surrogacy Law

Thailand's surrogacy landscape changed dramatically with the enactment of the Protection of Children Born Through Assisted Reproductive Technologies (ART) Act B.E. 2558 (2015) (2015). This law was passed in response to several high-profile surrogacy scandals, including the "Baby Gammy" case in 2014, which exposed the largely unregulated commercial surrogacy industry that had been operating in Thailand.

Who Can Use Surrogacy?

Under the ART Act, surrogacy in Thailand is permitted only for: (1) Legally married couples where at least one spouse is a Thai national, (2) The couple must have been married for at least 3 years, (3) A medical indication must exist — the intended mother cannot safely carry a pregnancy, or previous IVF attempts have failed. Since the Marriage Equality Act took effect in January 2025, same-sex married couples where at least one partner is Thai should legally qualify, though practical implementation and medical provider willingness may vary as of 2026.

Who Cannot Use Surrogacy

The following are not permitted to use surrogacy in Thailand: (1) Unmarried individuals (regardless of nationality), (2) Couples where neither partner is Thai, (3) Couples married for less than 3 years, (4) Couples without a medical indication, (5) Any arrangement involving commercial payment to the surrogate (beyond reasonable expenses).

Commercial Surrogacy: Banned

The ART Act explicitly bans commercial surrogacy. It is illegal to: (1) Pay a surrogate mother beyond reasonable medical and living expenses, (2) Advertise surrogacy services, (3) Act as a surrogacy broker or agent, (4) Operate a surrogacy business. Penalties are severe: up to 10 years imprisonment and/or a fine of up to THB 200,000 for those involved in commercial surrogacy — including the intended parents, the broker, and potentially the medical facility.

The Surrogate

Requirements for the surrogate mother: (1) Must be a Thai national, (2) Must be between 20-40 years of age, (3) Must have previously given birth to at least one child, (4) Must not use her own eggs (gestational surrogacy only — the embryo must be created from the intended parents' or donors' gametes), (5) Must be a relative of the intended parents (though this requirement has been interpreted broadly in practice, including in-laws and distant relations), (6) Must undergo psychological evaluation and counseling.

The Legal Process

Step-by-step: (1) The intended parents and surrogate must apply to an approved ART facility licensed by the Medical Council. (2) The facility's ART committee reviews the application, verifying eligibility. (3) Written consent is obtained from all parties (intended parents, surrogate, and surrogate's spouse if married). (4) The embryo transfer takes place at the licensed facility. (5) After birth, the intended parents file for a court order establishing legal parentage. (6) The court issues a parentage order — the intended parents are recognized as the child's legal parents from birth.

Legal Parentage

Under the ART Act: (1) The intended parents are the legal parents from the moment of birth — not the surrogate. (2) The surrogate has no parental rights over the child. (3) The child is entitled to the same rights as any biological child, including inheritance, nationality (based on the parents' citizenship), and surname. (4) The birth certificate lists the intended parents. This is a significant legal clarity that many countries lack.

Remaining Gaps and Concerns

(1) Foreign couples: the requirement that at least one parent be Thai effectively bars most international intended parents. This has pushed foreign surrogacy seekers to other countries (Cambodia, Laos, Georgia). (2) 3-year marriage requirement: criticized as arbitrary and discriminatory against newly married couples with genuine medical needs. (3) Underground surrogacy: despite the ban, illegal commercial surrogacy continues to some extent, particularly in border areas. Enforcement is challenging. (4) Single parents: the Act excludes single individuals entirely, even Thai nationals with medical conditions preventing natural conception. (5) Implementation for same-sex couples: while legally eligible since 2025, practical access to ART facilities willing to perform surrogacy for same-sex couples remains limited.

Enforcement

Thai authorities have actively enforced the commercial surrogacy ban. Notable prosecutions include surrogacy brokers, medical facilities operating without proper licenses, and individuals advertising surrogacy services online. The police Cyber Crime Division monitors online surrogacy advertisements. Foreign nationals involved in illegal surrogacy arrangements in Thailand face arrest, prosecution, and deportation.

Practical Advice

If you are a qualifying couple considering surrogacy in Thailand: (1) Consult with a Thai family law attorney experienced in ART law before beginning. (2) Use only licensed ART facilities (verify with the Medical Council). (3) Document the relationship with the surrogate carefully. (4) Budget THB 300,000-800,000 for medical costs plus legal fees. (5) Plan for the court parentage order process (1-3 months after birth). (6) Never engage with brokers or agents offering commercial surrogacy — the legal consequences are severe for all parties.

Related Guides

• Family Law
• Adoption Guide
• LGBTQ+ Legal Rights