Assisted Reproductive Technology Act (ART Act 2015)
In force
The Protection of Children Born from Assisted Reproductive Technologies Act B.E. 2558 (2015), commonly known as the ART Act, is the primary law governing assisted reproductive technology in Thailand. It was enacted following international incidents involving commercial surrogacy, with the goal of protecting human rights and preventing human trafficking.
⛔ What is illegal
- Commercial surrogacy is illegal. Acting as a broker, recruiting surrogate mothers, and advertising surrogacy services are all prohibited.
- Buying and selling eggs and sperm is illegal. Commercial trade in gametes is prohibited.
📋 Conditions set by law
- Surrogacy is restricted to legally married heterosexual couples, at least one of whom must be Thai.
- Egg and sperm donation must be non-commercial. Donation is voluntary only.
- Egg donors must share the same nationality as the recipient. This requirement maintains standards and transparency.
Marriage Equality Act
Historic — Jan 2025
Thailand became the first country in Southeast Asia and the third in Asia to pass marriage equality legislation, a landmark step for the LGBTQ+ community in accessing equal rights.
✅ Rights gained
- In force since January 23, 2025 — couples can register their marriage immediately.
- LGBTQ+ couples can legally marry and receive the same legal spouse status as heterosexual couples.
- Covers access to reproductive medicine services — spouses can access IVF, ICSI, IUI, and other fertility services.
- Thailand's LGBTQ+ population exceeds 5.9 million people who stand to benefit from this law.
📌 Important: LGBTQ+ rights and having children
While the Marriage Equality Act grants spouse rights to LGBTQ+ couples, current surrogacy law still restricts surrogacy to heterosexual married couples. Same-sex couples can access other treatments such as IVF and egg donation, but surrogacy remains under legal review.
Laws in Transition (2025–2026)
Under legislative review
Following the passage of marriage equality, the Thai government is considering amendments to the surrogacy law to align with the changed landscape. The aim is to expand access while maintaining safeguards against exploitation.
🔄 Amendments in progress
- Draft surrogacy law amendments to allow foreigners and LGBTQ+ couples — under drafting and parliamentary review.
- Under strict regulation to prevent human trafficking and bodily exploitation.
- Expected to include a registry and clear verification system for foreign couples seeking surrogacy in Thailand.
Note: These laws are in the legislative process. Please verify the latest information with a lawyer or clinic before making decisions.
Rights of International Patients
Thailand is a leading destination for fertility medical tourism due to accessible costs, high medical standards, and internationally accredited clinics. International patients can access most services, with some restrictions.
✅ Accessible to international patients
- IVF (In Vitro Fertilization) — full treatment available.
- ICSI (Intracytoplasmic Sperm Injection) — available to international patients.
- IUI (Intrauterine Insemination) — treatment available.
- Egg Freezing — accessible per medical criteria.
⚠️ Restrictions for international patients
- Surrogacy: restricted for foreigners under current law — surrogacy is limited to heterosexual married couples where one spouse is Thai.
- Egg donation: donors must be Thai — under current law, egg donors must share the recipient's nationality.
- Gender selection: possible via PGT (Preimplantation Genetic Testing) in certain medical cases, such as screening for sex-linked genetic diseases.
Precautions
🚫 Avoid the following
- Avoid clinics offering illegal services — such as commercial surrogacy, buying/selling eggs or sperm, or gender selection without medical justification. Clinics offering these services may lack standards and carry legal and health risks.
🔍 How to choose a reputable clinic
- Verify clinic licenses from the Medical Council of Thailand — every clinic must hold a business license, and doctors must hold specialty licenses.
- Choose clinics accredited by JCI (Joint Commission International) or RTAC (Reproductive Technology Accreditation Committee) — these accreditations guarantee international standards.
- Review the medical team's experience and transparent success rates.
- Request a clear contract and transparent fee structure before starting treatment.
Legal Overview Summary
| Topic | Status | International Patients |
|---|
| IVF / ICSI / IUI | Legal | Accessible |
| Egg Freezing | Legal | Accessible |
| Commercial Surrogacy | Illegal | Not accessible |
| Non-commercial Surrogacy | Legal | Restricted (requires Thai spouse) |
| Commercial Egg/Sperm Donation | Illegal | Not accessible |
| Gender Selection via PGT | Legal (special cases) | Restricted |
| Marriage Equality (LGBTQ+) | In force Jan 2025 | Per nationality |