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Surrogacy Legal Requirements Checklist for Thailand
Complete legal requirements checklist for surrogacy in Thailand under the ART Act B.E. 2558 (2015) — eligibility, medical facility accreditation, and legal documentation.
Document Checklist
Marriage certificate (couple must be married for 3+ years)
The intended parents must provide a valid marriage certificate proving at least 3 years of marriage. Foreign certificates must be legalized and translated into Thai.
One Thai spouse verification
At least one spouse must be a Thai national. Foreign-foreign couples are not permitted to use surrogacy in Thailand under the ART Act.
Medical facility accreditation verification
The ART procedure must be performed at a medical facility accredited by the Medical Council of Thailand for assisted reproductive technology.
ART clinic selection and consultation
Select a licensed ART clinic and complete initial medical consultations, fertility assessments, and treatment planning.
Legal counsel engagement
Engage a Thai lawyer experienced in surrogacy law to review all agreements, ensure compliance with the ART Act, and represent the couple in court proceedings.
Informed consent documentation from all parties
The intended parents, surrogate, and surrogate's spouse (if married) must all provide written informed consent after receiving full information about the process, risks, and legal consequences.
Parentage agreement between intended parents and surrogate
A formal agreement establishing that the intended parents will be the legal parents of the child. Must comply with the ART Act requirements.
Medical Council of Thailand approval
The surrogacy arrangement must be approved by the Medical Council's Sub-Committee on Assisted Reproductive Technology before the procedure can begin.
Birth registration preparation
Prepare documents for registering the child's birth with the intended parents listed as legal parents. Court order may be required for the birth certificate.
Common Mistakes to Avoid
Assuming commercial surrogacy is legal — commercial surrogacy is strictly prohibited with penalties of up to 10 years imprisonment.
Foreign couples without a Thai spouse attempting surrogacy — at least one spouse must be Thai.
Not obtaining Medical Council approval before beginning the procedure.
Using an unaccredited medical facility — only licensed ART clinics may perform surrogacy procedures.
Failing to have the surrogate's spouse consent — if the surrogate is married, spousal consent is required.
Helpful Tips
The ART Act B.E. 2558 (2015) strictly regulates surrogacy — ensure full compliance to avoid criminal penalties.
The surrogate must be a blood relative of either spouse, or if not, must meet specific conditions set by the Medical Council.
Altruistic surrogacy is permitted — only reasonable pregnancy-related expenses may be covered.
Plan for the court process to establish legal parentage after the child is born.
Keep detailed records of all expenses to demonstrate the arrangement is non-commercial.
Need professional legal assistance?
When a matter involves investigation, arrest, detention, litigation, or regulatory action, professional legal representation becomes essential.
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