Comprehensive Analysis of Surrogacy in Thailand

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on September 5, 2026

Surrogacy is when a woman carries and gives birth to a child for intended parents. This topic has sparked important legal and ethical discussions in Thailand. ThaiLawOnline has done intensive work during the surrogacy crisis in Thailand around 2014-2015. The government changed the law during these years. Cases like “Baby Gammy” and the “Baby Factory” made news worldwide.

Parentage established through assisted reproduction interacts with the rules in our guide to Thai family law.

If you need a surrogacy lawyer, we might be some of the best in Thailand. Khun Wichuda, partner at ThaiLawOnline, has a master degree around surrogacy in Thailand. Reform has been discussed for years and has not happened. The Department of Health Service Support put a redrafted bill out for public consultation from 2 to 31 July 2026; it has still not gone to the Cabinet, and nothing has been published in the Royal Gazette. The 2015 Act therefore governs today. This note examines the law as it stands in September 2026, so that foreigners and expats can see what is actually permitted now rather than what has been proposed.

Understanding Surrogacy: Definitions and Types

Surrogacy involves a surrogate mother carrying a pregnancy for intended parents. There are two primary types:

• Traditional Surrogacy: The surrogate uses her own egg, making her the biological mother.
• Gestational Surrogacy: The embryo is made using the intended parents’ or donors’ eggs and sperm. The surrogate has no genetic link to the child.

The distinction decides whether the arrangement is lawful here at all. Section 22 of the 2015 Act permits only two methods: an embryo from the sperm of the husband and the egg of the wife, or an embryo from the sperm of the husband or the egg of the wife together with a donor egg or sperm. The section ends by expressly forbidding the use of the surrogate’s own egg. Traditional surrogacy is therefore not available in Thailand, whoever the parties are and whatever they agree.

Legal Framework: The 2015 ART Act

Thailand’s surrogacy laws are set by the Protection for Children Born through Assisted Reproductive Technologies Act. This law was enacted on February 19, 2015. It became effective 90 days after it was published in the Government Gazette. The law was introduced after famous scandals, like the “baby Gammy” case. This case showed problems with child abandonment and human trafficking related to commercial surrogacy.

Key provisions, as detailed in the official document of the law that you can find here. Let’s just mentionned some conditions:

• Under Section 21 (1) the intended husband and wife must be lawfully married and of Thai nationality; where one of them is not Thai, the marriage must have been registered for at least three years. So a couple with no Thai spouse is excluded however long they have been married. The surrogate must not be an ascendant or descendant of either spouse (Section 21 (2)) and must already have had a child of her own (Section 21 (4)),
• no commercial benefits (Section 24),
• no advertising (Section 28).
• A child born through technology is a legitimate child of the intended parents. Donors have no rights or duties. If the parents die before the birth, the surrogate mother becomes the guardian (Section 30)

These are criminal prohibitions, not guidance. Under Section 48 anyone who breaches the Section 24 ban on arranging surrogacy for commercial purposes is liable to imprisonment not exceeding ten years and a fine not exceeding 200,000 baht; the Act uses and, so both are imposed. Under Section 49 a breach of the Section 28 advertising ban carries up to five years, or a fine up to 100,000 baht, or both, and Section 28 applies whether or not the advertising is for commercial purposes, so simply publicising that a woman is willing to carry a child, or that a couple is looking for someone to do so, is an offence. Under Section 47 a doctor who provides surrogacy services without the Committee approval required by Section 23 faces up to six months, or a fine up to 10,000 baht, or both. The law prohibits commercial surrogacy, meaning no financial compensation beyond necessary expenses is allowed. It limits surrogacy to a lawfully married husband and wife. Under section 21 the surrogate must be a blood relative of one of them, and only where there is no blood relative may another woman carry the child, on criteria set by the Minister of Public Health; she must already have had a child of her own, she must not be an ascendant or descendant of either spouse, and if she has a husband or a partner living with her as such, his consent is required. In practice this excludes single people and same-sex couples, and it excludes a couple in which neither spouse is Thai. It does not exclude a foreigner married to a Thai for at least three years.

Historical Context and Ethical Concerns

Thailand’s surrogacy laws have undergone substantial changes in recent years to regulate the practice more strictly. The Assisted Reproductive Technologies Act, or the Surrogacy Act, was created to ensure ethical and legal standards in surrogacy. One key change was banning commercial surrogacy. This means surrogate mothers cannot get paid more than their reasonable expenses. The law now mandates that only altruistic surrogacy is permissible, thereby limiting financial transactions associated with the surrogacy process. This change aims to protect the rights of surrogate mothers and prevent exploitation.

New surrogacy laws in Thailand were created because of several high-profile cases. The case of “Baby Gammy” gained attention in 2014. It highlighted issues in Thailand’s surrogacy industry. An Australian couple faced accusations for leaving their son with Down syndrome in Thailand. They took his healthy twin sister back to Australia. This incident showed the legal problems related to surrogacy in Thailand. It happened shortly after the 2014 military coup. At the same time, there was another scandal with a Japanese father called the “baby factory”. Thailand took action against commercial surrogacy by enforcing new laws.

Moreover, Surrogacy Thailand is increasingly recognized for its ethical practices, aiming to provide a supportive environment for both surrogate mothers and intended parents. This growing reputation is important for those considering Surrogacy Thailand.

Understanding the nuances of Surrogacy Thailand is essential for intended parents navigating this process and seeking guaranteed surrogacy. The country’s changing laws bring both challenges and benefits. It is important for couples to reach out to us for informed choices.

These cases showed the need for regulation. These cases often involved couples from other countries. They raised ethical and legal questions about the rights of children born through assisted reproductive technologies. The Thai government wanted to protect everyone involved. This includes the surrogate mother and the intended parents. They did this by creating a clear legal framework. The new law aims to improve Thailand’s reputation for ethical surrogacy. It ensures that all surrogacy agreements are clear and fair.

The legislation surrounding surrogacy, in Thailand established in 2015.

The Thai government approved a new law after facing scandals about surrogacy. This law is called the “Protection of Children Born from Assisted Reproductive Technologies Act B.E. 2558 (2015)”. This law changed surrogacy practices in Thailand. Some important aspects of the 2015 law comprise;

This new law from 2015 aimed to ban surrogacy. It made surrogacy so restricted that few people wanted to use Thai surrogacy services after that year.

The Eligibility limitations include:

• Married heterosexual couples with least one Thai national can engage in surrogacy as intended parents.
• Surrogate mothers, in Thailand must be a Thai citizen and a family member of one of the intended parents. Cannot be a parent themselves or directly related as a sibling or descendant, to them.
• Parental rights are defined by law. This ensures that parents who plan to raise a child are recognized as the child's parents. This recognition starts at birth to avoid any confusion about parental roles.

Breaking the rules could lead to fines and time behind bars, for both the surrogate and the parents involved in the process. Do note that in January 2025, Thailand has modified their law and became the third country in South East Asia to legalize same-sex couples. That is a clear intention that surrogacy will be opened, just like adoption, for same-sex couples but this is really brand new.

Overview of Current Surrogacy Laws and Process in Thailand

Topic	Details	Applies to Foreigners?	Notes
Legal Surrogacy Allowed?	Yes, but only for Thai couples or Thai-foreigner married couples	Partially (if married to a Thai)	Must be legally married for at least 3 years
Commercial Surrogacy	Prohibited by law	No	No payment allowed beyond medical & related expenses
Who Can Be a Surrogate?	Thai woman aged 25+, who has had a child before	No	Must be related to one of the intended parents (by blood)
Parental Rights	Intended parents must apply for full parental rights after birth	Yes (if legal conditions are met)	Requires legal procedures and court approval in Thailand

Recent Developments: Proposed Amendments

Recent government initiatives suggest a potential liberalization of surrogacy laws. In March 2024, the Department of Health Service Support announced plans to change the ART Act. This change will let foreign couples use surrogacy services. They can bring their own surrogate or use a Thai surrogate. This move aims to boost the health economy and address Thailand’s declining birth rate.

• Replacing terms like “husband” and “wife” with “spouses” to align with the Marriage Equality Act.
• Allowing same-sex couples to access surrogacy.
• Welcoming overseas couples, with vetting by a government committee.

In 2024, Thailand initiated significant changes to its surrogacy laws, aiming to reopen services to foreign couples, including same-sex partners. This marks a departure from the 2015 legislation that restricted surrogacy to Thai heterosexual couples. The proposed amendments are designed to boost medical tourism and address demographic challenges posed by a declining birth rate.

The draft law says that intended parents must be legally married. They also need to show proof that the child will have protection and rights in their home country. The Thai government is also thinking about legalizing same-sex marriages. This would help LGBTQ couples access surrogacy services more easily. These developments underscore Thailand’s commitment to evolving its legal framework in response to changing societal needs and international perspectives.

For more detailed information, you can refer to the following sources:

• Thailand takes steps to end ban on surrogacy services for foreign same-sex couples
• Public Health Drafts a Law Allowing Foreigners to Use Thai Surrogacy

Those amendments did not become law. The Department of Health Service Support reopened the redrafted bill for public consultation from 2 to 31 July 2026, and it must still go to the Cabinet and through the legislature after that. As of September 2026 nothing has been enacted and the 2015 restrictions stay in place in full.

Implications for Foreigners and Expats

For foreigners and expats the framework is restrictive, but it is not a blanket bar, and this is the point most often reported wrongly. A foreign national married to a Thai national qualifies under section 21(1) provided the marriage has been registered for at least three years and the other conditions of section 21 are met. What is closed is surrogacy for a couple in which neither spouse is Thai, and any commercial arrangement. The U.S. Embassy in Thailand advises against commercial surrogacy arrangements, citing potential legal risks.

However, the proposed changes could open doors in the future. Foreign couples should watch legislative changes. They might also think about other places like the United States. There, surrogacy laws are more flexible. You can read more about this here. Costs in Thailand used to be about $60,000. This included clinic fees and surrogate expenses. However, this is no longer an option for foreigners due to current laws

What Is the Surrogacy Cost in Thailand?

As Surrogacy Thailand changes, intended parents should stay active in getting updates and clarifications about the laws.

The cost of surrogacy in Thailand can vary greatly. It is important for couples to understand the financial aspects before pursuing surrogacy. This depends on many factors, like the clinic and the medical procedures needed. The cost is mostly influenced by three main factors. These are medical care fees, legal service fees, and travel and accommodation costs for the intended parents. Even though commercial surrogacy is not allowed, intended parents must pay for the reasonable costs of the surrogate mother. These costs can include medical expenses and other related fees. Costs can also be affected by choosing an egg donor. This choice can increase the total financial commitment needed for surrogacy.

Many factors can affect the cost of surrogacy in Thailand. These include the complexity of medical procedures, the clinic’s location, and the needs of the intended parents. Clinics in Bangkok may have different prices than those in other parts of the country where surrogacy is allowed. The choice and quality of the surrogacy service provider are important. Better clinics often provide more services, but they may charge higher prices. Legal costs for drafting contracts and dealing with regulations can increase overall expenses. It is important for intended parents to budget carefully and get advice from experienced professionals.

The cost of surrogacy in Thailand can change based on different factors. These include medical care fees and legal service fees. This shows how important it is to plan carefully.

In recent years, Surrogacy Thailand has undergone significant legal changes. The new surrogacy law prohibits commercial arrangements, meaning surrogate mothers cannot receive payment beyond medical and ancillary expenses. This change aims to stop exploitation and ensure ethical practices. However, it also affects costs. Intended parents can only cover essential expenses. This change means that intended parents must work closely with legal advisors. They need to follow the law and estimate the costs of their surrogacy journey accurately.

If you are thinking about surrogacy in Thailand, you should know that there are new legal rules. All surrogacy agreements must follow these rules. These rules are meant to support ethical practices.

Who Can Be a Surrogate Mother in Thailand with the 2015 law?

To become a surrogate mother in Thailand, individuals must meet specific requirements set forth by the surrogacy law. These include being a Thai national, having at least one child of their own, and obtaining approval from their spouse if married. Additionally, potential surrogates must undergo comprehensive medical and psychological evaluations to ensure they are fit for the role. The law aims to protect both the surrogate and the intended parents. It ensures that only qualified people can take part in surrogacy. This helps reduce the risk of problems during the surrogacy process.

Yes, Thailand’s surrogacy law includes specific regulations to protect surrogate mothers. These regulations ensure that surrogates are fully informed about the process and their rights. Surrogates are required to give informed consent, and they are entitled to receive appropriate medical care throughout the pregnancy. The law also stipulates that surrogate mothers cannot be subject to legal obligations beyond the agreed-upon responsibilities. These rules are made to protect surrogate mothers. They ensure that these women are treated fairly and with respect during the surrogacy process.

The process for choosing surrogate mothers in Thailand is careful. It has several steps to make sure they are suitable and follow the law. Intended parents typically work with surrogacy agencies or clinics that facilitate the matching process. These organizations conduct extensive background checks, health screenings, and psychological evaluations to assess potential surrogates. The selection process includes talks to align expectations and responsibilities. This helps the surrogate and intended parents understand each other and commit to the surrogacy arrangement. This careful approach makes sure everyone is ready for the journey ahead. It helps reduce conflicts and keeps the process smooth.

What Are the Steps to Engage in a Surrogacy Program in Thailand at the moment?

Intended parents looking to join a surrogacy program in Thailand should start by doing some research. They need to find a reliable surrogacy agency or clinic. This initial step is crucial as it sets the foundation for the entire process. Once an appropriate service provider is chosen, intended parents undergo consultations to understand the legal, medical, and financial aspects of surrogacy in Thailand. They must also ensure they meet the eligibility criteria set by Thai law. After these initial steps, the next part is to create a surrogacy agreement. Then, you will select a surrogate mother. Finally, you will coordinate medical procedures like embryo transfer. These are important stages in the surrogacy journey.

An egg donor plays a critical role in surrogacy, particularly when the intended mother cannot provide viable eggs. In such cases, an egg donor provides the genetic material necessary for conception. Choosing an egg donor is an important process for couples who want to use surrogacy. It involves medical and genetic tests. These tests help ensure the donor’s health and compatibility. Using an egg donor can increase the cost of surrogacy. This is because it involves extra medical procedures and legal arrangements. In Thailand, agencies and clinics help match intended parents with suitable egg donors. They make sure the donor’s rights and wellbeing are protected during the process.

FAQs about Surrogacy in Thailand

Conclusion and Recommendations

In summary, surrogacy in Thailand is open only to a lawfully married husband and wife where the wife cannot bear a child. Section 21(1) of the 2015 ART Act requires them to hold Thai nationality, and where one spouse is not Thai it requires instead that the marriage has been registered for at least three years. Commercial surrogacy is prohibited outright by section 24. The government has drafted changes to admit foreign and same-sex couples, but as of September 2026 those changes are a bill at consultation stage and are not law. Foreigners and expats should keep up with legal updates. They should also talk to legal experts for advice. This is important because laws may change in the future.

This analysis highlights the need to understand local laws. It also shows how surrogacy rules in Thailand can change. This is especially important for people exploring international family-building options. Even if the current situation is unclear, if you need a surrogacy lawyer in Thailand, contact us at info.thailaw@gmail.com

Last reviewed: 5 September 2026. The Protection for Children Born through Assisted Reproductive Technologies Act B.E. 2558 was read in Thai for this review from the corpus copy carrying the full 192 sections: Sections 2, 21, 22, 23, 24, 25, 28, 30 and the penalty chapter, Sections 46 to 53. Three things were added and one corrected. The page described commercial surrogacy and surrogacy advertising as prohibited without ever stating that both are crimes: Section 48 punishes commercial surrogacy with imprisonment not exceeding ten years and a fine not exceeding 200,000 baht, and Section 49 punishes advertising with up to five years, a fine up to 100,000 baht, or both, whether or not the advertising is commercial. It defined traditional surrogacy as one of two types without saying that Section 22 forbids the use of the surrogate’s own egg, so that form is not lawful in Thailand at all. And it compressed Section 21 (1) into an either-or; the Act requires the intended couple to be Thai and imposes the three-year registered marriage only where one spouse is not. What this review does not cover, said rather than implied. The 2014 and 2015 history, the Baby Gammy account and the clinic and cost material were not verified. The statement that a redrafted bill went out for public consultation from 2 to 31 July 2026 and has not reached the Cabinet is a claim about an unpublished bill and could not be checked against the Royal Gazette; it is left as written. The ministerial and Medical Council notifications made under the Act, including the criteria for a non-relative surrogate under Section 21 (3), exist in our sources but were not read for this review.