For the past 18 months there has been reporting that due to growing infertility issues in Thailand and a more liberal government that the legalisation of surrogacy was being considered. It was predicted that surrogacy would be legalised and regulated to open up surrogacy options for same-sex couples and foreigners.
Prohibition of Surrogacy 2014
In 2014 following the military coup, negative media reporting on a few specific cases such as “Baby Gammy” and other cases the government prohibited surrogacy for foreigners and for anyone outside a traditional heterosexual family. Surrogacy continued but only for Thai Intended Parents or Asian couples passing themselves off as Thai IPs. Some agencies tried to develop hybrid programs using surrogates from outside Thailand and then taking them to Cambodia or Laos to deliver the baby. That did not go well and both a foreign agency representative and some surrogate mothers were imprisoned in Cambodia.
In the 2023 Thai general election more progressive parties secured a large number of seats and in 2024 gay marriage was legalised. The Health Ministry and other politicians suggested that Thailand would remove some of the prohibitions on surrogacy and enact regulations to allow for proper oversight of the industry and protection of surrogate mothers from exploitation.
Legal Safeguards
At KinPath Surrogacy we welcome regulation of the industry. If Intended Parents, surrogate mothers, clinics and agencies have a written regulatory regime to guide them then the process will be clear for all involved and unethical practices and the exploitation of surrogates can be minimised.
However, based on the reports of the sort of provisions being considered by the Thai government we are no longer optimistic that the proposed regulations will open up practical surrogacy programs in Thailand. A key requirement that has been suggested by government officials is that a qualifying condition to undertake surrogacy in Thailand is that the surrogate must be of the same nationality as one of the intended parents.
Such a provision in the regulations would render it impractical, if not impossible, for most foreign intended parents to undertake a surrogacy program in Thailand. Imagine an Australian couple wanting to do surrogacy in Thailand – they would need to engage an Australian surrogate. There are other suggested regulations that would also make it very difficult to commence a surrogacy program under the new regulations but this single requirement is likely to result in surrogacy remaining as it is in Thailand now – many illegal programs underaken under false pretences.
For the moment KinPath will suspend any further development of its Thai surrogacy programs until such time as the actual regulations are published.
Why Surrogacy Matters
For many people and couples who struggle with infertility, health issues, or special family-building situations, surrogacy is a lifeline. It is the only route to parenting for some people. Gestational surrogacy, in particular, has revolutionised assisted reproduction technology by combining scientific advancements with human compassion.
Surrogates, intended parents, fertility specialists, and counsellors work together in a shared mission to create new life. It is a process that transcends medical procedures and touches the very essence of what it means to build a family.
Thailand is a very good medical tourism destination and has many very professional and successful IVF clinics. It is a destination of choice for tourists from around the globe. Thailand has a relatively stable democratic government and is welcoming to foreign tourists. So it is potentially a very attractive destination for
We at KinPath Surrogacy are honoured to be a part of this remarkable journey. Our team is here to support and empower you at every stage, from finding a surrogate mother to post delivery. Whether you are an intended parent thinking about surrogacy or a surrogate contemplating the prospect of fulfilling someone’s dream, we are here to help.
