The legal situation regarding surrogacy arrangements in Thailand is currently unclear. There is presently no legislation in Thailand which specifically regulates surrogacy. The Thai authorities are considering draft legislation that may prohibit commercial surrogacy. The Australian Government is encouraging Thai authorities to adopt transitional arrangements for any new measures they may introduce so that concerned Australians are not unduly affected.
Current advice is that Thai authorities are enforcing documentation requirements upon exit of the country when they suspect a child has been born by surrogacy in Thailand. Required documents may include:
- Child’s birth certificate
- Copy of birth mother’s ID card
- Copy of intended parents’ passport(s)
- Surrogacy contract
- A court order issued by the Thai Family Juvenile Court to confirm that the birth mother has given up her rights to custody of the child.
We strongly recommend that foreign visitors who enter Thailand for the purposes of commercial surrogacy arrangements seek independent legal advice before doing so. In particular, legal advice should be sought on the implications of any new exit requirements.
Read the guidance provided by the Australian authorities here: http://smartraveller.gov.au/tips/birth-adoption-surrogacy.html