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
- Medical evaluation confirms indication
- Application to Committee with complete documentation
- Wait for decision (2–6 months)
- Begin IVF if approved
- Embryo transfer to surrogate
- 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.
