No, commercial surrogacy in Thailand is illegal under the Protection for Children Born through Assisted Reproductive Technologies Act B.E. 2558 (2015), which criminalizes surrogacy for profit. Only altruistic surrogacy is permitted, with strict eligibility criteria enforced by the Department of Health Service Support (DHSS) and the Medical Council of Thailand. Recent 2026 amendments further tighten oversight, requiring pre-approval for all surrogacy arrangements and mandating genetic testing to prevent fraudulent claims.
Key Regulations for Surrogacy in Thailand
- Altruistic-only framework: Surrogacy must be uncompensated, with only medical expenses reimbursable under DHSS guidelines. Commercial surrogacy contracts are void and punishable by up to 10 years’ imprisonment for all parties.
- Eligibility restrictions: Intended parents must prove Thai citizenship or residency; foreign nationals are barred from accessing surrogacy services. Surrogates must be over 25, have at least one biological child, and undergo psychological evaluation by DHSS-approved clinics.
- Mandatory pre-approval: All surrogacy agreements require DHSS approval prior to conception, with post-birth genetic testing to verify parentage. Violations trigger criminal liability under Section 26 of the 2015 Act, including fines up to THB 200,000 (≈USD 5,500).