Thailand begins public consultation on revised surrogacy bill
The draft would expand access for married LGBTQ+ couples and eligible foreign couples, while adding fees, enforcement powers and tougher penalties.
- The revised bill proposes extending surrogacy access to legally married LGBTQ+ couples, aligning with the country's recent marriage equality law.
- It would conditionally allow foreign married couples to seek surrogacy in Thailand, provided the surrogate shares the same nationality as one of the intended parents to prevent exploitation.
- The legislation aims to strengthen regulation by defining official fees and introducing severe criminal penalties, including up to 10 years in prison, for illegal commercial surrogacy.
- Another provision would permit the export of sperm, eggs, and embryos with approval from a national committee to facilitate access for service users who relocate.
The Department of Health Service Support under the Ministry of Public Health is moving to enhance Thailand’s health service system in line with the country’s social context and international standards.
It has invited the public, healthcare facilities, medical practitioners and other stakeholders to comment on the draft Protection of Children Born from Assisted Reproductive Technologies Act, commonly known as the revised surrogacy bill, through the central legal consultation platform from Thursday (July 2, 2026) to Friday (July 31, 2026).
Phuwadech Surakhot, director-general of the Department of Health Service Support, said the original 2015 surrogacy law has been in force for nearly 10 years, while Thailand has become an ageing society and is facing rising infertility.
Replacing ‘husband and wife’ with ‘spouses’
This, coupled with the enactment of the 2024 marriage equality law, which changed the definition from ‘husband and wife’ to ‘spouses’, means the department considers it necessary to modernise the legislation.
The aim is to balance the promotion of access to medical technology with the protection of the rights and welfare of children, service users, women acting as surrogates and medical personnel.
The revision would also support the government’s policy of developing Thailand into a comprehensive Medical Hub.
An initial consultation involving 260 people from target groups and the general public found overwhelming support.
Conditional surrogacy access for foreign couples
The revised bill contains several key provisions.
On measures to help married LGBTQ+ couples have children, 92.7% agreed.
Respondents supported amending the law to allow LGBTQ+ couples who have registered their marriages under the marriage equality law to use assisted reproductive technology for surrogacy, in the interests of equality and human dignity.
On conditional surrogacy access for foreigners, 80.4% supported allowing foreign married couples to seek surrogacy in Thailand, provided the woman acting as the surrogate has the same nationality as either spouse.
The condition is intended to prevent the commercial exploitation of vulnerable groups.
Another 81.2% supported allowing sperm, eggs and embryos to be exported.
The owners of the sperm, eggs or embryos would be permitted to export them with approval from the Committee on the Protection of Children Born from Assisted Reproductive Technologies, to facilitate access for service users who relocate.
Under the revised bill, 79.6% supported clearly defined fee rates as one measure to help prevent unauthorised procedures outside the regulated system.
Examples include a THB3,000 fee for each surrogacy approval and THB5,000 for each certificate of healthcare facility standards.
The bill would also designate ‘competent officials’ as officials under the Penal Code, enabling them to conduct searches and enforce the law more effectively.
This proposal received 93.5% support.
It would also introduce severe criminal penalties: anyone arranging surrogacy for commercial gain, whether inside or outside Thailand, would face up to 10 years’ imprisonment and a fine of up to THB2 million, or a fine of up to three times the benefit obtained.
The bill would also impose a fine of up to THB10,000 on anyone who obstructs officials in performing their duties.
The department believes the amendments would not affect state costs because they would retain the structure established under the 2015 law, but would deliver major economic benefits to the medical industry and help strengthen the Thai family institution in contemporary society.
Interested members of the public can help advance what the department described as historic legislation by submitting comments through law.go.th until Friday (July 31, 2026).
Source: Thansettakij
