When it comes to surrogacy, laws and regulations vary from country to country. Whether it's the country of origin of the intended parents or the country where the surrogate is located, part of the work that most surrogacy agency in Bangkok does is to make sure that you are fully aware of the legal restrictions in each country.
On the other side, when it comes to international surrogacy services, Thailand is a unique case. In the past, it had been a destination for "surrogacy tourism," where people who wanted to complete their families would frequently travel there.
The unregulated surrogacy practiced in Thailand, which is particularly popular with Australians, was particularly alluring to same-sex parents who were prepared to travel across borders in order to complete their families via gay surrogacy in Bangkok. Besides, it makes sense to be drawn to the prospect of obtaining the much-desired biologically related child at a lower cost.
Is surrogacy legal in Thailand?
The response to the question "Is surrogacy legal in Thailand?" is complicated, though. Following a few significant international news stories that highlighted the issues with foreign intended parents and the nature of the unregulated industry, the law was changed in 2015.
Thai officials' perceptions of surrogacy were altered by two significant international news stories, which is why the law was modified.
Initially, an Australian couple traveled to Thailand for a successful surrogacy while making due payments for surrogate mother cost in bangkok; the surrogate mother was carrying twins, and everything went according to plan. The other child, however, remained in Thailand while the intended parents only brought their daughter back to Australia.
The surrogate asserted that the couple had abandoned the boy who was the other child due to his Down syndrome. The Australian couple claimed that the surrogacy agency in Bangkok they worked with had only told them about the one child and had since closed, so no one could confirm or deny this.
It was decided that the Australian couple had not legally abandoned the child, despite the surrogate having adopted the son and filed for custody of the daughter as well. However, the situation became murkier and more concerning regarding the unregulated nature of the industry when it was revealed that the father had been jailed for child sex offenses.
Other incidents that led to banning of surrogacy in Bangkok
Questions were raised when 9 babies born to one man through surrogacy were discovered during a raid on a home in Bangkok. Despite Shigeta's claims that all he wanted was a large family, the surrogacy agency in Bangkok he used reported that he desired 10-15 children annually for the rest of his life. As a wealthy Japanese businessman who had already fathered 16 kids, he asserted that he had the resources to support them.
Interpol was not persuaded and launched an investigation to determine the true reason behind the large number of children. It was understandable that they were worried about the potential for child exploitation and trafficking. He ultimately received custody of three of the kids, and he is still fighting for the other kids' paternal rights. Ultimately, the Thai courts recognized the legitimacy of his motivations and granted him parental rights over all of his children.
Due to the drastic changes brought about by these two cases, it is now impossible for foreign intended parents to carry out a legal surrogacy in Thailand (including gay surrogacy in Bangkok)
Is it Legal to pursue a Surrogate in Thailand?
Yes, you can still pursue surrogacy provided that at least one parent is a native Thai speaker. Besides, the intended parents must adhere to the guidelines which are as follows:
• only couples who are heterosexual (Thai law does not recognize gay surrogacy in Bangkok and no single people of either sex).
• Thai nationality must be held by at least one spouse.
• must be at least three years into a marriage.
The regulations governing who is eligible to serve as a surrogate are complicated, which further complicates matters. The surrogate must be a sibling of a member of the married couple, be already married and have their husband's consent, and have given birth to at least one child.