Surrogacy in Thailand: Why there is so much uncertainty around it?

Thailand is a country that used to be the preferred surrogacy hub for most international parents from Asia. Even though surrogacy is banned for international citizens as of now, you may come across many surrogacy agencies that offer personalized surrogacy plans and programs, even for same-sex surrogacy in Thailand.

That said, we won’t advise you to go ahead with these plans or programs until you are dealing with a reputed surrogacy agency in Thailand.

How Thailand once served as a perfect surrogacy hub for many?

As mentioned earlier, Thailand used to be the most preferred surrogacy destination for numerous international parents. While cheap surrogacy options came as one big reason, it gained further popularity due to the following aspects:

same-sex surrogacy in thailandAbsence of Surrogacy laws: There was a time when Thailand didn’t have many regulations regarding surrogacy or even same-sex surrogacy in Thailand. Moreover, given the absence of these regulations, commercial surrogacy agreements were relatively simple to set up. On the other hand, parents from other countries saw this as an opportunity to realize their parenthood goals at a much more affordable rate.

Easy availability of Surrogates: There were many potential surrogate mothers in Thailand who were willing to carry a child for international parents. Moreover, this is due to various reasons like financial situation, cultural expectations, and a desire to aid others.

On the other hand, intended parents who were unable to find surrogates in their country of origin were drawn to the availability of willing surrogates in Thailand.

Also, given the easy availability of surrogates for same-sex surrogacy in Thailand, the country became a top choice for most same-sex intended parents.

Lower surrogacy cost: Compared to other developed countries like the UK, USA or Canada, surrogacy cost in Thailand was way lower. So, intended parents who couldn’t afford the high costs associated with surrogacy in their home countries found Thailand to be an appealing option. Moreover, this was due to the lower cost of medical procedures, fertility treatments, and surrogate compensation.

Again, we know that surrogacy for same-sex in Thailand demands higher costs than usual. Still, the low-cost surrogacy options offered by the surrogacy agency came as a big respite for many in the same regard.

Standardized medical infrastructure: Thailand had a well-developed medical infrastructure, as well as skilled medical personnel and fertility clinics with years of experience in assisted reproductive technologies. Moreover, the availability of a top-notch medical infrastructure gave the intended parents peace of mind regarding the security and standard of care during the surrogacy procedure.

That said, it’s crucial to stress again how much the surrogacy landscape in Thailand has changed. Besides, the Thai government has put in place stricter laws, including a ban on foreigners using commercial surrogates currently. Also, these modifications were brought about by concerns and doubts about surrogate exploitation, moral dilemmas, and the requirement to safeguard the rights and welfare of all parties. Therefore, if you are thinking about surrogacy in Thailand or any other country, it is essential to take into account the current legal system and speak with legal professionals.

Surrogacy in thailand

What measures have been recommended to legalize Surrogacy in Thailand?

Although there have been discussions and proposals to regulate surrogacy in Thailand, no concrete steps have been taken to make it legal for foreigners. Besides, the surrogacy landscape can change quickly, so there may have been changes since then. That said, the following suggestion may come fruitful in legalizing surrogacy in Thailand in the future.

Drafting well-defined Surrogacy Laws

In order to make surrogacy legal, a nation usually creates extensive legislation that spells out the legal obligations, rights, and safeguards of all parties involved, including intended parents, surrogates, and the children born through surrogacy. Furthermore, these laws may cover topics like eligibility requirements, medical and psychological evaluations, contract terms, payment, and the determination of legal parentage.

Just like that, even Thailand requires proposing similar laws to regulate surrogacy within its legal territories. Besides, it can bring special provisions for aspects like Gay surrogacy in Thailand.

Establishing Regulatory Bodies

Thailand should establish regulatory organizations or departments with the mandate to supervise surrogacy agreements, guarantee legal observance, and safeguard the interests of all parties concerned. That said, these organizations may establish regulations, keep an eye on surrogacy clinics or agencies, and deal with any potential legal problems or disputes.

Protecting the Rights of Children and Surrogates

Surrogacy cost in thailandThe rights and welfare of surrogate mothers and children should come first in the legal framework for surrogacy. That said, it might include guidelines for surrogate screenings for physical and mental health issues, informed consent practices, access to quality healthcare, support services, and legal safeguards against exploitation or abuse. On the other hand, procedures for establishing legal parentage and securing citizenship or nationality for children born through surrogacy may also be established by law.

International Coordination and Cooperation

Thailand may set up systems for global coordination and cooperation in surrogacy agreements. Additionally, this can entail information exchange, working together on legal frameworks, and making sure that cross-border surrogacy cases abide by established laws and safeguards.

Intended parents must understand that the current regime may not support their parenthood goals to the core. So, they must wait for some future amendments in the existing laws and regulations before taking any key decision in the same regard.

Is Surrogacy in Thailand recommended for international parents?

Considering the existing laws and ethical issues, there are some reasons why surrogacy in Thailand may not be advised for foreign parents.

Legal Uncertainty: Thailand used to be a popular destination for foreign couples looking for surrogacy arrangements because of its relatively lax attitude toward commercial surrogacy. Still, there were problems with the law and complications and no clarity was provided even by the government. Moreover, a law prohibiting commercial surrogacy for foreigners was passed in Thailand in 2015, which caused uncertainty and confusion for those involved.

So, as of now, you may not be able to pursue surrogacy being an international parent in the country. Besides, the rule asks one of the intended parents to be a Thai citizen.

Complicated regulations: Thailand has made significant changes to its surrogacy policy over the past few years. That said, the nation has been focusing on protecting the rights and welfare of surrogate mothers and children while enforcing stricter regulations. Besides, international parents may find it challenging to navigate the process due to Thailand’s changing legal climate, which may deter them from using surrogates there.

Ethical issues: Surrogacy-related cases in Thailand have often led to exploitation and violations of human rights. Moreover, due to unclear legal frameworks, some reports highlighted instances in which surrogates were mistreated, contracts were broken, or children were left stateless. That said; these concerns have prompted ethical issues and prompted a more circumspect attitude toward surrogacy in Thailand.

Final words

The surrogacy cost in Thailand is still lower than many countries around the world. Still, given the uncertainty around the regulations, we would advise you to consult with a reputed surrogacy agency in the country.

Surrogacy Agency Thailand

Surrogacy in Thailand Why You Must Avoid it

Because of its incredibly affordable surrogacy arrangements, Thailand has long been a popular surrogacy destination for most couples from across the world. Yet, Surrogacy is still banned in Thailand for every overseas couple, according to a recent judgment by the local government.

Is surrogacy completely illegal in Thailand?

Surrogacy is not completely illegal in Thailand; however, it is limited to married heterosexual Thai couples. A Thai national must be one of the spouses in the same arrangement, and the couple must have been married for at least three years. Singles of all sexual orientations, as well as homosexual couples, are not authorised to participate in any sort of surrogacy in Thailand via best surrogacy center Thailand, regardless of their citizenship.

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surrogacy Agency in Thailand

All you need to know about Surrogacy in Thailand

For many years, Thailand stood as the highly recognized surrogacy destination for most of the couples from all over the world due to extremely affordable surrogacy arrangements. As of now, the Surrogacy in Thailand for foreign couples is still illegal as per a recent ruling passed by the local government.

Is surrogacy entirely prohibited in Thailand?

Surrogacy is not entirely prohibited in Thailand, although it is restricted to married heterosexual Thai couples. One of the spouses in the same arrangement must also be a Thai national, and the duo must have been married for at least three years. Singles of all sexual orientations and gay couples, on the other hand, are not permitted from getting on board with any form of surrogacy in Thailand, regardless of their citizenship.

Second, the surrogate mother must be one of the partners seeking the surrogacy arrangement’s sibling. She is also expected to be married with children, and the prospective parents must obtain her husband’s approval for the same procedure.

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Getting a Sneak Peek into Surrogacy Laws Around the World

In the course of the last few years, Surrogacy has supported numerous couples across the globe in the acknowledgment of their parenthood dreams. Common people as well as high-end celebs are anticipating this arrangement as a perfect arrangement to bring back that lost happiness in their lives

Albeit the cost and legality of the process varies according to the country, the arrangement is acquiring some gigantic popularity, while providing the long-awaited solution to child-seeking couples. Still when we talk about surrogacy laws in different nations, the same differs according to the culture, regulations, and other factors.

Surrogacy laws in India

As per the law passed by the Health Ministry of India in November 2015, commercial surrogacy is completely restricted in India. Every person who should seek surrogacy through surrogacy centers in India needs to look out for other destinations.

Surrogacy isn’t allowed for any foreign couples in India and every last one of those surrogacy arrangements sought after inside the nation is limited to Indian married couples after furnishing the required documents and formalities.

Before 2015, Commercial surrogacy was allowed in India, and the nation was been considered as the best choice for surrogacy for a large portion of the couples around the world. Still, the recently passed surrogacy law in India has put a stop to any such plan.

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surrogacy in thailand

Understanding Surrogacy Laws Across Various Parts of the Globe

Over the past few years, Surrogacy has helped various couples across the globe in the realization of their parenthood dreams. Not just common people but even the celebs are looking forward to this arrangement as a potential option for bringing that little smile back into their lives.

Although the expense and legality of the process are quite different in various countries around, the arrangement is gaining some huge popularity with every day passing, in the wake of expanding infertility issues over the globe. Still when we talk about surrogacy laws in various countries, the same is different in various countries according to their social beliefs and convictions.

Surrogacy laws in India

According to the ruling passed by the Health Department of India in November 2015, commercial surrogacy is totally prohibited in India. Along these lines, each one of the individuals who might want to pursue surrogacy via surrogacy centers in India within the Indian territories has to go to other destinations.

Surrogacy isn’t permitted for any foreign couples in India and each one of those surrogacy arrangements pursued within the country is confined to Indian married couples after the submission of required documents and details.

Before 2015, commercial surrogacy was permitted in India and the country was been considered as the center point for surrogacy for most couples around the globe. Still, the recently introduced surrogacy law in India has put a brake on any such arrangement.

Surrogacy laws in Spain

Surrogacy laws in Spain are very similar to that of India and it’s likewise banned in the nation. Despite the fact that there hasn’t been a guideline by the public authority in similar respects, gestational surrogacy in Spain isn’t authorized in any form inside the Spanish regions.

All things considered, if there is any couple who is looking for the best surrogacy in Spain, they need to look ahead for a different city or country in the same respect.

Surrogacy laws in India

South Africa

The South Africa Children’s Act of 2005 which came into existence in the year 2010 has approved the “intended parents” and the surrogate mother to get their surrogacy arrangement approved by the High Court prior to beginning the treatment process.

This would then approve the intended parents as the authorized legal parents, right from the start of the process.

Still, the surrogate mother will be the legal mother until the following 60 days of the birth of the kid and she can likewise change her decision in the same respect. On the other side, local citizens of the country can select the surrogacy option, and even single parents and gay couples are permitted to seek surrogacy arrangements in the country.

On the other side, one of the parents is needed to be genetically associated with the future child and they can pursue gestational surrogacy (and not commercial surrogacy) in this regard.

Surrogacy in Thailand

Thailand used to be the main center point of the surrogacy-seeking individuals yet commercial surrogacy is been restricted in the nation right from the start of the year 2015. This has been done in the wake of random disputes and disagreements that occurred between surrogate mothers and intended parents over the custody of the born child.


If you are looking forward to pursuing a surrogacy program in either of the countries, it is highly recommended to go through the laws and guidelines in the same regard. Also, consult with the best surrogacy agency to avoid any inconvenience and unwanted hassles.