Assisted Reproductive Technologies

This is a short breakdown of the Act which governs artificial insemination as well as surrogacy. This has become a topic of discussion not so much about the past. However now that same-sex marriage is a topic. The questions have come forward.

Likewise you will note below that the Thai government bans commercial donor eggs. You will see the law below. Also as far as we know there are no registered clinics in Thailand that offers this type of service. Hence you cannot buy an egg or sperm from people you don’t know. Only your friends and family are allowed to donate.

Section 22 

Surrogacy operations may proceed using embryos formed from various combinations of genetic material, subject to certain limitations, as prescribed by regulations. However, the oocytes of the surrogate mother shall not be used in the process.

Section 23 

The service provider relating to medically assisted reproductive technology may conduct surrogacy operations for lawful husband and wife under specific conditions, upon obtaining permission from the Committee. Rules and procedures for applying for and granting such permission shall be established and published in the Government Gazette.

Section 24

 Commercial surrogacy is prohibited under this Act.

Section 25

The Minister of Public Health, with the advice of the Committee, shall establish rules, procedures, and conditions related to surrogacy arrangements, expenses for maintaining the health of surrogate mothers during pregnancy, abortion alternatives, postnatal care for children born through surrogacy, and other relevant matters.

Section 26 

Abortions related to surrogacy require written consent from both the lawful husband and wife intending to undergo surrogacy, as well as the surrogate mother. However, if the surrogate mother does not agree, the surrogacy arrangement shall be terminated, and she shall not bear any expenses under such arrangement.

Section 27

Acting as an intermediary or agent in surrogacy arrangements for financial gain is prohibited.

Section 28 

Advertising or soliciting services related to surrogacy, whether for commercial purposes or not, is prohibited.

Section 29

Children born through medically assisted reproductive technology are considered legitimate children of the lawful husband and wife intending to have a child, regardless of the method of conception.

Section 30

In cases where the lawful husband and wife intending to undertake surrogacy die before the child’s birth, the surrogate mother assumes guardianship until a new guardian is appointed by the court, considering the child’s welfare as a priority.

Section 31

The surrogacy arrangement, as outlined in Section 25, must be presented to the medical personnel or relevant authorities involved in antenatal care or childbirth to facilitate the issuance of the child’s birth certificate and notification of birth.

Section 32 

Lawful husband and wife intending to undertake surrogacy are responsible for notifying the registrar of births in accordance with civil registration laws. If the husband and wife are deceased or absent, the surrogate mother assumes this responsibility.

Section 33 

Lawful husband and wife or individuals intending to have a child through surrogacy are prohibited from refusing to accept the child born through such arrangements.

Section 34

The provisions of the Civil and Commercial Code regarding family and succession apply mutatis mutandis, provided they do not conflict with the provisions of this Act.

Section 35 

Only qualified medical practitioners are authorized to provide services related to medically assisted reproductive technology, including procedures such as depositing, donating, utilizing sperm, oocytes, embryos, or terminating embryos.

Section 36

Embryos may only be formed for use in infertility treatments for lawful husbands and wives.

Section 37

Medical practitioners intending to use leftover embryos from infertility treatments for research purposes must obtain permission from the Committee. Rules and procedures for obtaining such permission shall be prescribed and published by the Committee.

Section 38 

Creation of human beings by methods other than fertilization between sperm and oocytes is prohibited.

Section 39 

Transfer of human gametes or embryos into animal bodies, or transfer of animal gametes or embryos into human bodies, is prohibited.

Section 40 

Formation, storage, sale, import, export, or use of embryos containing genetic materials from more than two persons or containing elements of human cells with other species is prohibited.

Section 41

Purchasing, proposing to purchase, selling, importing, or exporting sperm, oocytes, or embryos is prohibited.

Section 46 

Medical practitioners lacking qualifications or violating prohibitions under Section 15 may face imprisonment, a fine, or both.

Section 47 

Failure to comply with Section 23 may result in imprisonment, a fine, or both.

Section 48 

Violations of Section 24 may lead to imprisonment and a fine.

Section 49

Violations of sections 27, 28, 33, or 40 may result in imprisonment, a fine, or both.

Section 50 

Violations of section 35 may lead to imprisonment, a fine, or both.

Section 51 

Violations of sections 36, 41, or 43 may result in imprisonment, a fine, or both.

Section 52

Individuals who conduct research under section 37 without authorization may face imprisonment, a fine, or both.

Section 53 

Violations of sections 38 or 39 may lead to imprisonment, a fine, or both.

Transitory Provisions

Section 54

Medical practitioners already providing services related to medically assisted reproductive technology prior to the enactment of this Act may continue to do so until the relevant Notifications of the Medical Council of Thailand come into force.

Section 55 

Regulations, rules, or notifications of the Medical Council of Thailand related to medically assisted reproductive technology that are still in force upon the enactment of this Act shall continue until new Notifications are issued.

Section 56 

Likewise, individuals born through surrogacy prior to the enactment of this Act may petition the court to affirm their status as legitimate children of the intended parents. Likewise, subject to certain conditions and considerations.

This summary provides an overview of the key provisions and penalties outlined in the Act governing medically assisted reproductive technology in Thailand. Likewise also see the LGBTQ rights in Thailand as well as the articles on Islamic Family Law and the Civil and Commercial Code.