By Healthtrip Blog Published on - 03 October - 2023

Surrogacy and the Law in Thailand

Thailand was once a popular destination for surrogacy, but the Thai government banned commercial surrogacy in 2015. This means that only altruistic surrogacy is now legal in Thailand, which means that the surrogate mother must be a sibling of one of the intended parents and cannot be compensated for her services beyond reimbursement for medical expenses.

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1. Eligibility for Surrogacy in Thailand

To be eligible for surrogacy in Thailand, you must meet the following requirements:

  • Be a married heterosexual Thai couple with at least one spouse holding Thai citizenship.
  • Have been married for at least three years.
  • Have a surrogate mother who is a sibling of one of the intended parents.
  • The surrogate mother must also be married, have her husband's consent, and have previously given birth to her own child.

2. Surrogacy Process in Thailand

Surrogacy is a beautiful journey that helps individuals and couples fulfill their dreams of parenthood. Thailand has emerged as a compassionate and legal destination for surrogacy, offering a safe and supportive environment for intended parents. In this blog, we will delve into the innovative and ethical surrogacy process in Thailand, highlighting its legal framework, the steps involved, and the compassionate care provided to all parties involved.

One of the key reasons why Thailand has become a hub for surrogacy is its well-defined legal framework. In 2015, the Thai government introduced new laws to regulate surrogacy, providing clarity and security for both intended parents and surrogate mothers. These laws ensure that surrogacy is conducted with the utmost integrity and legality.

A. Step 1: Finding the Right Agency

The surrogacy journey in Thailand typically begins with finding a reputable surrogacy agency. These agencies play a crucial role in guiding intended parents through the process, ensuring compliance with Thai laws, and connecting them with qualified surrogate mothers. Innovative agencies in Thailand prioritize transparency, ethical practices, and the emotional well-being of all parties involved.

B. Step 2: Legal Procedures

Once an agency is chosen, the legal procedures are initiated. Intended parents and surrogate mothers must undergo thorough legal counseling to understand their rights and responsibilities. Contracts are drawn up to establish clear expectations, including financial agreements, medical care, and parental rights after the birth.

C. Step 3: Medical Assessments

Thailand boasts world-class medical facilities and skilled healthcare professionals. Surrogate mothers undergo rigorous medical assessments to ensure they are physically and emotionally fit for surrogacy. Advanced fertility treatments, such as in vitro fertilization (IVF), are used to create embryos from the intended parents' genetic material, which are then transferred into the surrogate mother's womb.

D. Step 4: Pregnancy Care

Throughout the pregnancy, surrogate mothers receive exceptional medical care and emotional support. This includes regular check-ups, counseling, and access to a network of healthcare professionals. Innovative technology, such as telemedicine, is utilized to monitor the surrogate's health and the progress of the pregnancy, ensuring the well-being of both the surrogate mother and the unborn child.

E. Step 5: The Birth

When the baby is born, the intended parents are present to welcome their child into the world. Thai hospitals are well-equipped to handle childbirth and ensure the highest standards of care. Legal procedures are followed to establish the parental rights of the intended parents, and a birth certificate is issued in their names.

F. Step 6: Post-Birth Support

Innovative surrogacy agencies in Thailand continue to provide support even after the birth. They offer resources for intended parents to navigate the early stages of parenthood and ensure a smooth transition for everyone involved.

3. Timeline for Surrogacy in Thailand

The timeline for surrogacy in Thailand can vary depending on a number of factors, including the availability of a surrogate mother, the success of the IVF process, and the legal process of establishing parenthood. However, it is typically a one- to two-year process.

4. Cost of Surrogacy in Thailand

The cost of surrogacy in Thailand varies depending on a number of factors, including the fertility clinic you choose, the surrogate mother's compensation, and the medical expenses incurred. However, it is generally less expensive than surrogacy in other developed countries.

A typical surrogacy package in Thailand costs between $50,000 and $70,000. This includes the cost of the IVF process, the surrogate mother's compensation, and all medical expenses.

Here is a breakdown of the typical costs involved in surrogacy in Thailand:

  • IVF process: $10,000-$20,000
  • Surrogate mother's compensation: $20,000-$30,000
  • Medical expenses: $20,000-$30,000

It is important to note that these are just estimates and the actual cost of surrogacy may vary depending on your individual circumstances.

Here are some additional costs that you may need to consider:

  • Legal fees: $1,000-$2,000
  • Travel expenses: $1,000-$2,000
  • Accommodation and living expenses: $1,000-$2,000 per month.

5. Tips for Pursuing Surrogacy in Thailand

If you are considering surrogacy in Thailand, here are a few tips:

  • Do your research and choose a reputable fertility clinic and surrogacy agency.
  • Get everything in writing, including the contract with the surrogate mother.
  • Work with a qualified attorney to navigate the legal process of establishing parenthood.
  • Be prepared for the emotional and physical challenges of surrogacy.

6. Additional Considerations for Surrogacy in Thailand

  • Language barrier: It is important to note that English is not widely spoken in Thailand, so you may need to hire a translator to help you communicate with your fertility clinic, surrogacy agency, and surrogate mother.
  • Cultural differences: Thailand is a very different culture from many Western countries, so it is important to be respectful of Thai customs and traditions.
  • Legal system: The Thai legal system is also very different from the legal systems of many Western countries. It is important to work with a qualified attorney to understand the legal process of establishing parenthood in Thailand.


Surrogacy can be a wonderful way to build a family, but it is important to understand the process and the legal requirements before getting started. If you are considering surrogacy in Thailand, be sure to do your research and work with qualified professionals.

Read More: IVF Surrogacy in Thailand: A Legal Overview (


Yes, surrogacy is legal in Thailand, but there are specific regulations and legal requirements that must be followed.
Intended parents must be legally married and meet certain criteria outlined in Thai law to be eligible for surrogacy.
Thai law generally requires intended parents to be at least 25 years old but not older than 50.
Thai law does not discriminate based on sexual orientation, so same-sex couples can pursue surrogacy in the country.
Surrogate mothers in Thailand do not have legal parental rights over the child they carry. Their rights are protected by surrogacy agreements.
Parentage is typically established through legal contracts and court proceedings to ensure the child's citizenship and legal status.
Yes, there have been changes in Thai law that restrict commercial surrogacy for foreigners. It's essential to stay updated on the current regulations.
Intended parents are responsible for providing financial support, medical care, and legal representation for the surrogate mother during and after pregnancy.
Once a surrogacy agreement is legally binding, the surrogate mother cannot change her mind and retain parental rights.
Seek legal counsel experienced in Thai surrogacy law, ensure all documentation is in order, and work closely with a reputable surrogacy agency to navigate the process effectively
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