DHSS backs surrogacy law reform to unlock Thailand’s potential

The promotion of personal healthcare and beauty businesses is one of the seven core policies of Thailand’s Ministry of Public Health (MOPH) aimed at boosting the country’s health economy.

The initiative supports Thailand’s ambition to become a leading “Medical and Wellness Hub,” contributing significantly to national economic growth in 2025.

However, achieving this goal requires a multi-faceted approach, including the modernisation of several outdated laws to align with evolving social and global contexts.

Dr Panuwat Panket, Director-General of the Department of Health Service Support (DHSS), revealed progress on the proposed amendment of the Protection of Children Born Through Assisted Reproductive Technology Act, more commonly referred to as the “Surrogacy Act.”

The revision aims to reflect changes brought about by the recently enacted Marriage Equality Act, which came into force on January 23, 2025.

Revisions to the Surrogacy Act

“The amendment to this Act is part of the broader plan under the MOPH’s Personal Care and Beauty policy, overseen by DHSS. The revision seeks to align with the 24th Amendment to the Civil and Commercial Code (2024), which legally allows same-sex couples to register their marriages and, by extension, to legally apply for surrogacy arrangements,” said Panuwat.

Assisted reproductive technologies (ART) are typically used to treat infertility. For example, if a male partner has low sperm motility, medical professionals may use IVF (In Vitro Fertilisation) or ICSI (Intracytoplasmic Sperm Injection) to assist conception.

These procedures involve fertilising the egg outside the body and implanting the embryo back into the biological mother—this does not constitute surrogacy, as the woman carries her own child. 

According to MOPH, the ART market in Thailand continues to grow. IVF procedures cost between 100,000 and 250,000 baht per cycle, with a success rate of 60–70%, generating approximately 3.6 billion baht annually.

ICSI procedures, costing 200,000–300,000 baht per cycle with an 80–90% success rate, contribute about 2.6 billion baht to the market.

The ART sector is projected to grow by 6.2% in 2025.

Inclusive Access for All Gender Identities

Surrogacy, by contrast, involves a third party carrying the pregnancy on behalf of the intended parents.

Under the revised Surrogacy Act, the definition of eligible couples has been expanded beyond traditional heterosexual married couples.

The updated law now recognises all legally married couples, regardless of gender, including same-sex couples, as eligible for surrogacy arrangements. This progressive shift aligns with Thailand’s recent adoption of the Marriage Equality Act.

In cases where couples—be they male-female, male-male, or female-female—are unable to conceive naturally, they may opt for a surrogate to carry the child.

For Thai nationals, the surrogate must be a relative, such as a cousin (but not a direct descendant), and while the embryo can be created using the couple’s own sperm and eggs, donations are also permitted under specific conditions.

Significant updates have also been made to facilitate international participation. Previously, surrogacy in Thailand was limited to foreign individuals married to Thai nationals.

The amended draft law now permits foreign couples, regardless of gender, to seek surrogacy services in Thailand, provided that at least one partner shares the same nationality as the surrogate.

This opens the door to a broader range of couples while still ensuring responsible oversight.Once the pregnancy is successfully established, the couple is permitted to return to their home country. 

In another important shift, previous restrictions on the export of reproductive materials—such as sperm, eggs, or embryos—have been relaxed. Under the new provisions, foreign couples who undergo surrogacy procedures in Thailand will now be allowed, subject to regulations, to export embryos back to their own countries for implantation or continued treatment.

Stricter Regulations and Higher Penalties

Under the revised Surrogacy Act, a dedicated Committee for the Protection of Children Born Through Assisted Reproductive Technology will be established to set out specific guidelines.

These will include criteria such as requiring that the intended destination country must have laws protecting children born via surrogacy, along with other legal frameworks that recognise and safeguard the rights of such children.

Importantly, the revised law still prohibits the use of Thai women as surrogates for foreign couples unless they are blood relatives.

To proceed with a surrogacy arrangement in such cases, the couple must provide official documentation, such as embassy-issued letters confirming both their marital status and familial relationship to the surrogate.

In addition, the destination country must have adequate legal protections in place for children born through surrogacy.

All individuals and medical institutions intending to participate in or facilitate a surrogacy arrangement must obtain prior approval from the national surrogacy committee.

Each application will be reviewed on a case-by-case basis, taking into account a range of factors, including the readiness and ethical considerations of all parties involved.

This individualised review process underscores the need for comprehensive legislation to uphold ethical standards and ensure the protection of all parties, especially the child.

To reinforce compliance, penalties for violations have been significantly increased. For example, professionals involved in the process, such as physicians and embryologists, will now face a maximum fine of 200,000 baht, up from the previous limit of 20,000 baht.

This marks a major step toward stricter accountability. Additionally, new regulations will introduce service fees for surrogacy-related procedures, with proceeds directed to the state, further formalising and regulating the practice.