Thailand to welcome foreign couples for surrogacy under new law
Thailand’s Public Health Ministry is amending surrogacy legislation to align with the equal marriage law and to welcome overseas couples for surrogate births in Thailand.
Director General of the Department of Health Service Support, Dr Panuwat Panket, shared updates yesterday, January 14, regarding the amendments to the Protection for Children Born through Assisted Reproductive Technologies Act.
These revisions are being made to synchronise with the equal marriage and surrogacy laws. The revised draft is currently under review by the Minister of Public Health and will be presented to the Cabinet for consideration.
Significant updates include replacing “husband” and “wife” with “spouses” as outlined in the Marriage Equality Act, thereby granting same-sex couples access to surrogacy. Concerns about child custody and guardianship responsibilities, particularly in cases of separation, will require detailed examination.
Once these amendments are enacted, foreign couples will be permitted to pursue surrogacy in Thailand, including the possibility of bringing foreign surrogates into the country. The current law only allows surrogacy for foreigners married to Thais. The revised legislation will also enable the export of embryos, sperm, or eggs to the foreign couple’s home country, based on criteria set by a special committee under the Surrogacy Act.
In response to inquiries about human trafficking and illegal surrogacy, Dr Panuwat mentioned that the amended bill aims to enhance transparency in surrogacy processes, ensuring greater accountability and reducing underground activities.
The doctor emphasised that the revised law will restrict surrogacy to relatives of the intended parents. Commercial surrogacy remains prohibited, and advertising for surrogates in a commercial context is banned.
Stricter penalties, including longer prison sentences and higher fines, will be imposed for offences involving human trafficking or illegal surrogacy businesses. Offences committed outside Thailand will be treated as if they occurred within the country.
Dr Panuwat indicated that recent studies reveal a rising interest in surrogacy, particularly among single women desiring biological children without undergoing pregnancy, reported Bangkok Post.
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