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
Parenting Plan vs Consent Orders: Which Is Right?

Parenting plans vs consent orders explained

When parents separate, one of the most important questions is how arrangements for children will be recorded. Will the agreement be kept flexible through a parenting plan, or formalised in legally binding consent orders? There is no single answer that suits every family. The right option depends on the level of trust between parents, the… Read More »Parenting plans vs consent orders explained

Sperm Donor Family Limit Queensland: The Real Rule

Sperm donor family limit in Queensland explained

Queensland’s new sperm donor family limit was intended to create clarity, consistency and better access to donor sperm. Instead, guidance issued to IVF clinics has produced a result that appears to halve donor access for many lesbian couples. The legislation provides for a 10-family limit. Yet where two women are in a couple and seek… Read More »Sperm donor family limit in Queensland explained

NSW Fertility Inquiry: Surrogacy Evidence Under Fire

NSW fertility inquiry: surrogacy evidence under scrutiny

The New South Wales Legislative Council fertility inquiry is examining difficult and practical questions about access to assisted reproductive treatment. Distance matters. Cost matters. Regulation matters. For many people trying to create a family, these are not abstract policy concerns. They can determine whether treatment is available at all. Among the issues before the inquiry… Read More »NSW fertility inquiry: surrogacy evidence under scrutiny

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