Is surrogacy legal for foreigners in Thailand?

Surrogacy in Thailand is strictly regulated under the Protection of Children Born through Assisted Reproductive Technologies Act B.E. 2558 (2015): **Who can use surrogacy in Thailand:** - Only legally married couples - At least one spouse must be a Thai national - The couple must have been married for at least 3 years - The intended mother must be medically unable to carry a pregnancy **Who CANNOT use surrogacy:** - Foreign couples where neither spouse is Thai - Unmarried individuals - Same-sex couples (marriage is now legal in Thailand as of 2025, but surrogacy law has not been updated) - Couples married less than 3 years **Commercial surrogacy ban:** - Commercial surrogacy is a criminal offence - Penalties: up to 10 years imprisonment and/or fines up to THB 200,000 - Applies to all parties: intended parents, surrogates, agents, and brokers - Only altruistic surrogacy is permitted (covering reasonable pregnancy-related expenses) **Background:** The ART Act was enacted in 2015 following high-profile surrogacy scandals involving foreign intended parents. Thailand was previously a major destination for commercial surrogacy until the law was changed. **Alternatives for foreign couples:** Countries where commercial surrogacy is legal include certain US states, Ukraine, Georgia, and Colombia (laws vary and change frequently). **Legal basis:** ART Act B.E. 2558 (2015) (Sections 21-24, 56-57)