Public Health Drafts a Law Allowing Foreigners to Use Thai Surrogacy

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photo: www.thailand-ivf.com

BANGKOK – Dr. Sura Visetsak, Director-General of the Department of Health Service Support, announced on Friday that due to the significant decline in the birth rate in Thailand, efforts will be made to promote alternative reproductive technologies. This involves enacting legislation to allow international couples to seek surrogacy services in Thailand.

In the current situation, Thailand’s birth rate was below 500,000 in 2023 and is expected to decline further in 2024, while the number of deaths exceeds 800,000 annually. This demographic change has led to a declining population and an increasingly ageing society, which poses challenges for the country’s development.

Dr. Sura stated that there are currently 115 facilities providing assisted reproductive services, including in vitro fertilization and surrogacy, comprising 17 public hospitals, 31 private hospitals, and 67 private clinics.

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Dr. Sura Visetsak, Director-General of the Department of Health Support Services leads the press conference on March 1, 2024.

There are two types of infertility: couples who can still conceive naturally may opt for artificial insemination, which is offered around 12,000 times annually, or in vitro fertilization, offered around 20,000 times annually. For couples unable to conceive naturally, surrogacy is an option. In the past year, 754 cases were permitted, while 22 were denied due to various considerations.

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While the success rate of assisted reproductive technologies is around 50 percent, surrogacy is associated with high costs, which is why most people opt for artificial insemination. The government aims for there to be at least 100 cases per year for each method.

The Department of Health Support Services is planning to amend the laws on assisted reproduction in 2023. The changes include allowing egg donation by relatives aged 20 to 40 without them having to be the donor’s spouse, genetic testing of embryos to ensure healthy pregnancies for women aged 35, and raising the age limit for women seeking surrogacy from 55 to over 55.

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A Thai actress and her spouse show the use of assisted reproductive technologies at a hospital in Thailand.

Dr. Sura emphasized that thanks to technological progress, women can have their eggs frozen at the age of 30 in order to become mothers later on. Couples with older partners can also use their own embryos or donated eggs for surrogacy. 

The proposed law also allows foreign couples, either with or without Thai partners, to seek surrogacy services in Thailand, subject to legal and regulatory conditions. The details are yet to be finalized.

“If this draft bill is successful, it will be considered the first bill in the world, and right now it is catching the eye of foreigners,” Arkhom said in a statement.

He stated that the proposed bill will include instructions for preventing human trafficking. It provides for measures to combat domestic and international human trafficking.

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Related article:

Thailand Promotes Childbirth as Its Population Risks Diminish