IVF laws in Thailand: what you need to know

Thailand's assisted reproductive technology (ART) laws govern how fertility clinics provide IVF, use donated eggs or sperm, create and transfer embryos, and arrange surrogacy.

The main legislation is the Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558 (2015). It introduced restrictions on commercial surrogacy and reproductive tourism, while establishing legal requirements for assisted reproduction and the protection of children born through these procedures.

Foreign patients must confirm if the treatment they want is permitted under Thai law and whether the chosen fertility clinic in Thailand is authorized to provide it.

Thailand is currently in the middle of a major legal update. A revised bill is under public consultation as of 2026 that would reopen surrogacy to foreign couples and extend access to same-sex married couples. Below, we cover the Thai ART laws as they stand today.

Exporting sperm, eggs, or embryos out of Thailand is prohibited under current law. If your treatment plan involves moving reproductive material across the border at any stage, read the storage and export section below before you commit to a clinic.

Who can legally undergo IVF in Thailand?

Under Thailand's 2015 ART Act, IVF must be provided in a licensed fertility clinic to a legally married husband and wife. Thailand's Department of Health Service Support confirmed in December 2024 that this requirement applies to both IVF and artificial insemination.

For foreign couples, a marriage registered overseas may be accepted if it is recognized under Thai law.

Unmarried couples and single individuals cannot access IVF under the current Thai ART framework. Same-sex couples also face restrictions because the ART Act refers to a legally married husband and wife.

Foreign patients should therefore confirm their marital status, nationality, and proposed treatment with a licensed Thai fertility doctor before making arrangements.

Unmarried individuals and same-sex couples

Thailand's 2015 ART framework allows IVF only for married, hetero-sexual couples.

Egg and sperm donation rules under Thai law

1. Commercial donor-egg IVF in Thailand is not allowed. Thailand's ART framework requires the donor to be a friend or family of the intended parents. Reasonable expenses may be paid to the donor.
2. Any embryos formed or used in reproductive treatments must have the genetic material of at least of the parents.
3. Buying or selling sperm, eggs, or embryos is a criminal offense under the law, whether the transaction happens inside Thailand or across its border.
4. The use of donated eggs, sperm, and embryos must be approved by the relevant committees, which your clinic can help you with, once they agree to take up your case.

Surrogacy laws in Thailand

Thailand only permits non-commercial surrogacy for:

1. Thai couples: The intended parents must be legally married and meet the statutory requirements for surrogacy.
2. Thai-foreign couples: A Thai national married to a foreign national may qualify, but the couple must have been married for at least three years.

Who can be a surrogate?

The surrogate must be a blood relative of one of the intended parents, have previously given birth, and meet the other statutory conditions. The law excludes parents and descendants of the intended parents. Non-relative surrogacy is subject to separate Ministry of Public Health regulations.

Foreign couples cannot currently use Thai surrogacy services under The 2015 Protection for Children Born Through Assisted Reproductive Technologies Act. The government has proposed reforms that would change this restriction in 2026.

Other legal requirements

1. Commercial surrogacy is prohibited. A surrogate cannot receive payment for profit, although permitted pregnancy-related expenses may be reimbursed.
2. The intended parents and surrogate must enter into a written agreement before the pregnancy.
3. The intended parents must meet the legal conditions for parentage.
4. Every surrogacy case requires approval from the relevant government committee before treatment begins.

Surrogacy in Thailand for foreign couples in 2026?

Thailand has been considering reforms that could allow foreign couples to access surrogacy under specified conditions. These new proposals may change the law currently in force, extending the availability of surrogacy to more people.

Is gender selection legal with IVF in Thailand?

IVF-PGT in Thailand is widely available but gender selection is not guaranteed legal or fully unregulated. While a number of Thai clinics openly market gender selection and family balancing to foreign patients, Thailand's law prohibits sex selection.

The practice is not enforced as a criminal matter but you should not assume that a clinic offering gender selection means the procedure is legal or that it is free from legal restrictions.

Since the written law and clinical practice do not fully agree, you must confirm the current position directly with the clinic, before you commit to treatment.

Frozen embryo and gamete storage and export rules in Thailand

1. There is no time limit for storage of frozen embryos or gametes in Thailand. Confirm your clinic's specific storage policy and any renewal fees directly with them.
2. Exporting sperm, eggs, or embryos out of Thailand is currently prohibited by law. Buying, selling, or importing reproductive material across the border is also not allowed.
3. If you plan move a frozen embryo or eggs later to a different country, you may not be able to do so under the current Thai law.
4. The 2026 reform bill would allow export of sperm, eggs, and embryos with approval from a national oversight committee, but this change is not yet in force.

Why Thailand tightened its IVF and surrogacy laws?

Two high-profile commercial surrogacy cases in the early 2010s caused Thailand to tighten the reproductive treatments law.

In 2011, Thai authorities raided a Bangkok operation run by a Taiwanese company that had recruited Vietnamese women as surrogates. The company confiscated the surrogates’ passports and threatening financial penalties if they did not become pregnant. Thirteen women were rescued, and 11 babies were eventually sent to their biological families in Taiwan before Thai courts convicted the operators.

In 2014, an Australian couple commissioned a Thai surrogate to carry twins, one of whom was diagnosed with Down syndrome. The parents took only the healthy twin home and left the other with the surrogate. The case drew global media coverage and direct government intervention.

Thailand's government passed the 2015 Act in direct response to these cases, banning commercial surrogacy and restricting foreign couples' access to Thai surrogates.

What is changing: Thailand's 2026 surrogacy law reform

1. As of 2026, a bill to amend the 2015 Act is undergoing public consultation by the Department of Health Service Support before Cabinet review.
2. Proposed changes include replacing “husband and wife” with “spouses” to align with the Marriage Equality Act, allowing foreign married couples to access surrogacy subject to safeguards against exploitation, permitting the export of reproductive material with committee approval, and increasing penalties for violations involving commercial surrogacy.
3. The bill needs Cabinet approval and complete the formal legislative process before any proposed changes can take effect. No date has been set yet.
4. Given the pace of this reform, confirm the current legal status directly with your clinic or legal counsel before finalizing a treatment plan that depends on any of these pending changes.

Documents you need before starting IVF treatment in Thailand

1. A valid passport and, an appropriate visa (if required) for the length of your treatment plan.
2. A marriage certificate in Thai or English. If it was issued in a different language, you can provide a certified translation.

Confirm with your clinic which documents need notarization or legalization before you travel, since requirements vary by nationality and treatment type.