Thai surrogacy is now dead in the water
Thursday July 31, 2014

Thai surrogacy is now dead in the water

Thursday, July 31, 2014
A couple of days ago I wrote about how there was a crackdown in Thailand about surrogacy and gender selection.

Yesterday there was a meeting between the various IVF clinics, the Thai Medical Council, lawyers and others. The outcome of the meeting is ominous for those who undertake surrogacy in Thailand: it is over.

In summary, surrogacy is now only recognised in Thailand if:

  • the intended parents are a heterosexual married couple
  • who are medically infertile
  • the surrogacy is altruistic
  • and the surrogate is a blood relative.

It is no surprise that this will exclude almost every foreigner from pursuing surrogacy in Thailand. For Australians, this is significant- as about 400 babies were born in Thailand via surrogacy in the year ended 30 June 2012 to Aussie intended parents, and that number is likely to have increased since then.

The ruling coming out of the meeting, bearing in mind that there is now a military junta in charge in Thailand, is that surrogacy will be illegal in Thailand if:

  • the intended parent or parents are unmarried under Thai law (i.e. de facto couples, same sex couples and singles are excluded)
  • any money is paid to the surrogate
  • the removal of the child from Thailand without permission of Thai authorities will breach Thailand’s human trafficking laws.

What impact this will have on those with existing arrangements, and those with embryos in Thailand, will remain to be seen. It is likely that those with embryos in Thailand- where they have donor sperm or egg- will be unlikely to use those embryos in Australia, and if they want to be used may need to use them somewhere else, such as the USA. Whether embryos will be able to be exported from Thailand is unknown in the current environment.

Watch this space. 

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen
Overseas Surrogacy Australia: Parentage Now Recognised

Overseas surrogacy births now recognised in Australia

For years, the recognition of parents through overseas surrogacy has been unnecessarily uncertain. Australian intended parents could return home with a child, a foreign birth certificate and a foreign court order, yet still face questions about whether Australian law recognised them as parents. That position changed on 1 April 2025. It may be April Fool’s… Read More »Overseas surrogacy births now recognised in Australia

Children's Wishes in Parenting Cases: A Lawyer Explains

Do children have a say in parenting cases? Lawyer explains

In Australian parenting cases, children can have a say. That much is clear. But the more accurate answer is that yes, children’s views matter, but the weight given to those views depends on the individual child and the circumstances of the case. That is often where confusion starts. Many parents assume a child can simply… Read More »Do children have a say in parenting cases? Lawyer explains

Navigating the Surrogacy Journey with Confidence and Clarity

The surrogacy process is a transformative method of family-building. In the Australian context, this path is built on altruistic foundations, requiring deep emotional synchronicity and meticulous legal adherence between all parties involved. By focusing on structured organisation and proactive emotional care, you can transform a complex logistical challenge into a rewarding experience of connection and… Read More »Navigating the Surrogacy Journey with Confidence and Clarity

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board