A couple may choose a surrogate to give birth to their child for a number of reasons.  The practice of surrogacy can pose complicated legal issues, particularly when the surrogate mother is in a country other than where the intending parents hold citizenship. While surrogacy in Thailand is certainly an option and a rapidly-growing area of medical innovation, there are a number of legal considerations prospective parents should consider.

Surrogacy in Thailand

Thailand currently has no laws or published case decisions directly relating to the practice of surrogacy, and in essence surrogacy is neither legal nor illegal in Thailand.  There are agencies and health clinics that openly engage in locating surrogate mothers and egg donors.  Thailand’s Medical Council has taken a cautious and conservative approach to the practices of IVF implantation, egg donation, and surrogacy; these practices are still in a legal and medical “grey area”. 

Surrogacy Process in Thailand

In general, most clients are concerned with the following issues: a) place of birth and how to protect their relationship with their child in the event that the surrogate mother chooses to renege on the agreement and claim legal rights to the child; b) how to obtain legal rights as parents of the newborn; c) how to obtain a visa and citizenship for the child if the parents are from a country different than the surrogate; and d) how to assure that the surrogate and other parties fulfill their agreements and carry the pregnancy to term. Regulations regarding international surrogacy/citizenship issues vary by country.