- Assisted reproduction in Thailand is governed by the Protection of Children Born from Assisted Reproductive Technologies Act B.E. 2558, passed on 19 February 2015.
- As enacted and described in published reviews, the Act limits treatment to legally married couples, bans commercial surrogacy and trade in eggs and sperm, and requires committee approval for each surrogacy arrangement.
- Intended parents using assisted reproduction are the child's legal parents under the Act.
- A revised bill went to public consultation in July 2026. It would extend access to married same-sex couples, allow some foreign married couples to use surrogacy and permit export of eggs, sperm and embryos with approval. It is not yet law.
- This guide is general information, not legal advice. Confirm the rules that apply to you with your clinic and, where needed, a Thai lawyer.
Why Thailand has a specific law
Before 2015, Thailand had no statute dealing directly with assisted reproduction or surrogacy, and the country became a destination for international surrogacy arrangements. Several widely reported cases in 2014 led to calls for regulation. Thailand's National Legislative Assembly passed the Protection for Children Born through Assisted Reproductive Technologies Act B.E. 2558 on 19 February 2015, prohibiting commercial surrogacy and setting rules for who may use assisted reproductive technology.
The Act has two main aims, according to a 2017 review in Clinical Medicine Insights: Reproductive Health. The first is to settle the legal parentage of children born through assisted reproduction. The second is to control surrogacy, particularly commercial surrogacy and arrangements involving foreign intended parents. The descriptions below follow that review and the Thai news coverage listed in the sources; they are not a translation of the statute.
Who can have treatment
As described in the published reviews, the Act was written around legally married couples. In practice, Thai clinics ask for proof of marriage before IVF. Superior A.R.T.'s FAQ, for example, says IVF and IUI require proof of marriage or a legally recognised partnership and that IVF is offered to married heterosexual couples. Other clinics' pages refer to using eggs with a legal spouse's sperm.
Thailand's 2024 marriage equality law changed the legal wording from husband and wife to spouses. According to Nation Thailand, the Department of Health Service Support has said the assisted reproduction law needs updating to match. Until the revised Act is passed, whether a clinic will treat a married same-sex couple is something to ask directly.
The position of single people is less clear. Some clinics freeze eggs for single women, as SAFE Fertility Group states on its international page, but creating embryos from those eggs in Thailand falls under the rules for treatment. If you are not married, ask each clinic in writing what it can offer you now and later.
Parentage of children born through assisted reproduction
One of the Act's main effects is on legal parentage. Under the Act, the intended parents, not the woman who gives birth, are the legal parents of a child born through assisted reproduction, and they cannot later deny parentage. The 2017 review notes that this replaces the traditional rule that the birth mother is the legal mother, and removes the need for intended parents to adopt the child.
Parentage at home is a separate matter. If you live outside Thailand, your own country's law decides who it recognises as the parents of a child born after treatment abroad, and how the child gains citizenship. This is most important where surrogacy or donor eggs or sperm are involved; take advice in your home country before starting.
Surrogacy under the 2015 Act
The Act allows only altruistic surrogacy, under conditions. As summarised in the 2017 review: the intended parents must be a legally married couple; where only one spouse is Thai, they must have been married for at least three years; at least one intended parent must be genetically related to the child; the surrogate must have given birth before and, if married, have her husband's consent; and each arrangement must be approved by a committee nominated through the Department of Health Service Support. The surrogate is expected to be a relative of the couple, though not a mother, daughter or granddaughter, with a non-relative allowed only where no relative is available.
Commercial surrogacy is banned, as is acting as a paid agent for it, and the trade in eggs and sperm. The review reports penalties of up to ten years' imprisonment and a fine of up to 200,000 baht for paid surrogacy, and up to five years and 100,000 baht for agents who take payment. Sex selection is prohibited. In practice, the Act closed surrogacy in Thailand to foreign couples without a Thai spouse.
The 2026 draft revision
In July 2026 the Department of Health Service Support, under the Ministry of Public Health, opened public consultation on a revised version of the Act, running from 2 to 31 July 2026 on the government's legal consultation platform. Nation Thailand reported that an earlier round of consultation with 260 people had found strong support.
As reported, the draft would: extend surrogacy to legally married same-sex couples; allow foreign married couples to use surrogacy in Thailand, but only where the surrogate has the same nationality as one of the spouses; allow owners to export eggs, sperm or embryos with approval from the committee, for example when they move abroad; set official fees, such as 3,000 baht per surrogacy approval; and raise the penalty for arranging commercial surrogacy, inside or outside Thailand, to up to ten years' imprisonment and a fine of up to 2 million baht or three times the benefit gained.
A consultation draft is not law. It may change before it reaches the legislature, and its passage and timing are not certain. Treat any clinic or agency that offers services based on the draft as a red flag, and ask which rules apply on the date your treatment starts.
What it means for international patients
If you are a married couple travelling for IVF with your own eggs and sperm, the practical requirement is usually documentation. Expect to be asked for passports and a marriage certificate; some clinics ask for a certified copy or translation. Check the exact requirements with the clinic before you travel, as getting documents translated or certified at home can take weeks.
If you plan to freeze embryos or eggs, ask how you could use them later and whether they can leave Thailand. Under the current law export is regulated, and the draft proposes committee approval. If you are considering donor eggs or sperm, ask how donors are recruited and screened, given the ban on trade in gametes. Surrogacy for foreign couples without a Thai spouse is not permitted under the 2015 Act; the HFEA also points out that a home-country regulator cannot help with problems arising from treatment abroad.
Questions to ask a clinic about the law
- Am I eligible for treatment here under current Thai law, given my marital status and nationality?
- Which documents do you need, and do they need to be certified or translated?
- If I freeze eggs or embryos, on what conditions could I use them later in Thailand?
- What is required today to move frozen eggs or embryos to another country?
- If you offer donor eggs or sperm, how are donors recruited and screened?
- Which rules will apply if the law changes during my treatment?
- How are complaints handled, and which body regulates your clinic?
Frequently asked questions
Can foreign couples have IVF in Thailand?
Yes. Thai clinics routinely treat married couples from abroad, usually asking for a marriage certificate. Surrogacy is different: under the 2015 Act, foreign couples without a Thai spouse cannot use it.
Can same-sex couples have fertility treatment in Thailand?
The 2015 Act was written for husband and wife. Same-sex marriage is now legal in Thailand, and the July 2026 draft would extend surrogacy to married same-sex couples, but it is not yet law. Ask clinics directly what they offer.
Is surrogacy legal in Thailand?
Only altruistic surrogacy for eligible married couples, with committee approval for each case. Commercial surrogacy is banned and carries prison sentences.
Can single women freeze eggs in Thailand?
Some clinics state that they do, but using the eggs later to create embryos in Thailand falls under the rules for treatment. Ask each clinic in writing.
Can I take frozen embryos out of Thailand?
Export is regulated. The 2026 draft bill proposes allowing it with committee approval. Ask your clinic what is required today, before you freeze.
When will the new law take effect?
No date has been set. The draft finished public consultation in July 2026 and still has to pass through the legislative process. Check the current position before you start treatment.
Sources
- Stasi A. (2017) Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand. Clinical Medicine Insights: Reproductive Health
- Tapiromkul A. Legal Problems on Commercial Surrogacy in Thailand under the Protection of Children Born from Assisted Reproductive Technologies Act, B.E. 2558. Thammasat Business Law Journal, Vol. 5 (2015)
- Nation Thailand — Thailand begins public consultation on revised surrogacy bill (19 July 2026)
- Superior A.R.T. — Frequently asked questions (cost estimates), checked 23 October 2026
- SAFE Fertility Group — International patients, checked 23 October 2026
- Bumrungrad International Hospital — Egg freezing, checked 23 October 2026
- HFEA — Fertility treatment abroad
