Thailand's 2015 law on assisted reproduction lets doctors treat infertility only for a lawfully married couple, and the text we read sets no nationality condition for IVF itself. Surrogacy is different: it is open only to married couples where at least one spouse is Thai, commercial surrogacy is a crime, and a reform that would let foreign couples use it was still only a draft in November 2026.
Many websites describe Thailand's fertility rules loosely or out of date. This page starts with what the law itself says, then covers checking a clinic and planning the trip. It is not legal or medical advice. A couple planning treatment should have the clinic explain in writing how the law applies to them, and should take advice from a Thai lawyer before anything involving surrogacy, donors or taking embryos home.
Thailand's assisted reproduction law (checked November 2026)
- The law
- Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558 (2015), published in the Royal Gazette on 1 May 2015
- IVF and insemination
- Only for a lawfully married husband and wife
- Surrogacy
- Married couples where at least one spouse is Thai; mixed couples married at least three years
- Commercial surrogacy
- Banned: up to 10 years in prison and a fine of up to 200,000 baht
- Sex selection
- Embryo testing that amounts to sex selection is banned
- Taking embryos, eggs or sperm abroad
- Export is banned under the current Act
- Reform for foreign couples
- A draft only (public consultation July 2026); not law
What the 2015 Act allows: married couples only
The Act sets the frame for every fertility clinic in the country. The core rules for treatment are short:
- Insemination may only be performed on a woman who has a lawful husband (section 19).
- Donor sperm needs the written consent of both the lawfully married husband and wife (section 20).
- Embryos may only be created to treat the infertility of a lawfully married husband and wife (section 36).
- Who may provide it: only licensed doctors who meet the standards set by the Medical Council of Thailand (sections 15 and 35). Providing assisted reproduction without those qualifications can mean up to a year in prison or a 20,000-baht fine.
Two further limits matter to many couples. Genetic testing of embryos is allowed when medically necessary, but not in a way that amounts to choosing the baby's sex (section 18). And embryos more than 14 days past fertilization may not be stored or used, with time spent frozen not counted (section 17).
We read the Act in a proofread transcription of the Royal Gazette text, because the official Council of State and Gazette copies would not open. The translations of the sections are our own summaries; a Thai lawyer can confirm the exact wording.
"Thailand legalized surrogacy for foreigners" is a headline, not the law. Several news articles since 2025 describe foreign access to surrogacy as if it were already in force. As of 9 November 2026 it is a draft bill that has been out for public comment; the 2015 rules still apply. Check the current status before you plan anything around it.
Can foreign couples have IVF in Thailand?
A common claim online is that foreigners can only have IVF in Thailand if one partner is Thai. That mixes up two separate rules. The Thai-nationality condition is in the surrogacy section of the Act. For IVF and insemination, the text we read requires a lawful marriage but sets no nationality condition.
So in law the key question for a foreign couple is the marriage, not the passport. What the Act does not tell us is how clinics check it. We could not confirm whether clinics or the Medical Council require a foreign marriage certificate to be legalized or translated, so ask the clinic in writing which documents it needs before you travel.
Unmarried couples and single women fall outside the Act's "lawfully married husband and wife" wording. Thailand's 2024 marriage-equality law lets same-sex couples marry, but the Department of Health Service Support (HSS) says the assisted reproduction Act itself has to be amended to follow it, and that is part of the draft reform. We found no ruling on whether a married same-sex couple can be treated under the current text.
If you plan to marry in Thailand first, our page on a legal wedding for two foreigners explains why only registration at a district office creates a legal marriage.
Surrogacy: open only when one spouse is Thai
Section 21 sets strict conditions. The intended parents must be a lawfully married husband and wife where the wife cannot become pregnant. They must be Thai nationals, and if one spouse is not Thai, the couple must have registered their marriage at least three years earlier. In practice, two foreigners cannot use surrogacy in Thailand.
The surrogate must not be a parent or child of the couple. She must be a blood relative of the husband or wife, and only if no relative can do it may another woman act, under ministerial rules. She must already have given birth, and if she has a husband or partner, he must consent. The embryo must come from the couple's own egg and sperm, or one of them plus a donor; the surrogate's own eggs may never be used. Every case needs the approval of the Act's committee.
| What the Act forbids | Maximum penalty |
|---|---|
| Commercial surrogacy (section 24) | 10 years in prison and a fine of 200,000 baht |
| Acting as a paid broker, or advertising for surrogates or for people seeking one (sections 27 and 28) | 5 years or 100,000 baht, or both |
| Buying, selling, importing or exporting sperm, eggs or embryos (section 41) | 3 years or 60,000 baht, or both |
| Assisted reproduction by a provider without the required qualifications (section 15) | 1 year or 20,000 baht, or both |
The ban on export catches out many couples: under the current Act, embryos created in Thailand cannot be shipped home. Any agency that offers surrogacy to two foreigners, or promises to send frozen embryos abroad, is offering something the current law does not allow. Before signing anything, read how to choose a licensed lawyer in Thailand.
The draft reform: what it would change
The HSS, part of the Ministry of Public Health, put a revised Act out for public consultation from 2 to 31 July 2026. As reported by The Nation, the draft would:
- replace "husband and wife" with "spouses", opening treatment to legally married same-sex couples;
- allow married foreign couples to use surrogacy on condition that the surrogate has the same nationality as one of the spouses;
- allow export of sperm, eggs and embryos with the committee's approval;
- add fees, such as 3,000 baht for each surrogacy approval;
- raise the penalty for arranging commercial surrogacy, inside or outside Thailand, to up to 10 years and a fine of up to 2 million baht or three times the benefit.
We found no report of the draft passing the Cabinet or Parliament, or appearing in the Royal Gazette, by 9 November 2026. Until it does, it is a proposal.
Checking the doctor and the clinic
Because the Act lets only qualified, licensed doctors provide assisted reproduction, two checks come before any booking.
First, the doctor. Every doctor in Thailand needs a Medical Council licence, and you can look a named doctor up at checkmd.tmc.or.th, the council's register, which may only open in an ordinary web browser. A licence proves medical registration, not that the doctor meets the council's specific standards for fertility treatment. We could not read those standards, so ask the clinic to show you its approval to provide assisted reproduction and the name of the doctor responsible for it.
Second, the facility. Private hospitals and clinics must be licensed, and our page on checking a cosmetic surgery clinic walks through the Health Service Support search of licensed private medical facilities. We could not open the HSS list of facilities approved specifically for assisted reproduction. Our guide to private and public hospitals explains how billing and guarantees of payment work.
Other medical trips have their own pages: laser eye surgery is covered in our guide to LASIK and eye surgery in Thailand.
What to bring and arrange from home
- Your marriage certificate, and whatever translation or legalization the clinic asks for in writing.
- Medical records: previous fertility tests and treatment, current medicines and any conditions, ideally in English.
- Medicines: if you bring prescription drugs, check whether any of them is a controlled substance that needs a permit; our page on the Thai FDA medicine permit explains the rules.
- Time: treatment follows a medical timetable, so check visa and stay length before booking flights.
- Insurance: read your health or travel policy for planned treatment before you rely on it. Thailand's own social security scheme lists infertility treatment and artificial insemination among its exclusions, so employees insured there pay privately as well.
Pregnancy, birth and the child's papers
If treatment works, the next questions are travel and paperwork. Our guide to traveling while pregnant in Thailand covers airline limits, Zika advice and insurance. If the baby is born in Thailand, the birth must be notified within 15 days, and Thai nationality comes only through a Thai mother or father; birth registration and the first passport are explained in our guide to giving birth in Thailand as a foreigner.
Home-country law can matter as much as Thai law. In the UK, for example, the government says a surrogate is the child's legal parent at birth, and legal parenthood can be transferred to the intended parents by a parental order or adoption after the birth. Check your own country's rules before treatment begins.
Frequently asked questions
Can foreigners have IVF in Thailand?
The 2015 Act requires a lawfully married couple for IVF and insemination, and the text sets no nationality condition for that treatment. The Thai-spouse requirement applies to surrogacy. Ask the clinic in writing which marriage documents it accepts.
Is surrogacy legal in Thailand for foreign couples?
No, not under current law. Surrogacy is limited to married couples where at least one spouse is Thai, with mixed couples married for at least three years, and commercial surrogacy is a crime. A reform for foreign couples was only a draft in November 2026.
Can I choose the sex of my baby with IVF in Thailand?
No. Section 18 of the Act allows genetic testing of embryos when medically necessary but forbids testing that amounts to sex selection.
Can I take frozen embryos home from Thailand?
Not under the current Act. Section 41 bans the export of sperm, eggs and embryos. The draft reform would allow it with committee approval, but it was not law as of 9 November 2026.
Can unmarried couples or single women have IVF in Thailand?
The Act's wording covers lawfully married husbands and wives, so unmarried couples and single women fall outside it. Ask a clinic and a Thai lawyer about your own situation before you travel.
Sources
- Wikisource (Thai) – Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558, Royal Gazette vol. 132, part 38 Kor, 1 May 2015 (checked November 2026)
- The Nation – Draft revision of the assisted reproduction law under public consultation (19 July 2026) (checked November 2026)
- GOV.UK – Surrogacy: legal rights of parents and surrogates (checked November 2026)
- Medical Council of Thailand – Doctor licence search (checked November 2026)
- Social Security Office – Hospital services and excluded treatments (Thai) (checked November 2026)