Egg Donation in Thailand
Contents
Summary of Egg Donation in Thailand
Is Egg Donation Legal in Thailand?
Availability of Donor Eggs, Sperm, and Embryos in Thailand
Import and Export of Gametes to Thailand
Egg Donor Compensation in Thailand
Anonymous, Open, and Known Donation in Thailand
Surrogacy in Thailand
Can LGBTQIA+ Couples Use IVF in Thailand?
Can Single Women Use IVF in Thailand?
How to Choose an IVF Clinic in Thailand
Average Costs of IVF with Donor Eggs or Sperm in Thailand
Summary of Egg Donation in Thailand
Thailand is world-renowned as a medical tourism destination, with a reputation for providing high-quality care at relatively affordable prices. Access to infertility treatments, including IVF, is widespread in Thailand, with approximately 50 hospitals and clinics offering IVF throughout Bangkok and other cities. These facilities include both public and private institutions.
Third-party reproduction was common and fairly unregulated in Thailand until 2015, when a series of public scandals prompted the passage of a new law that outlawed commercial surrogacy, as well as commercial egg donation and sperm donation. Surrogacy, egg donation, and sperm donation may still be permissible under certain circumstances. However, the importation or exportation of gametes or embryos, even one's own embryos, is illegal.
Despite these restrictions, Thailand remains a popular destination for medical tourism, including infertility treatments. Intended parents must navigate the legal landscape carefully and ensure they comply with the current regulations. It is advisable for intended parents to seek legal advice to understand the permissible conditions for third-party reproduction and to avoid breaking the law.
Is Egg Donation Legal in Thailand?
In Thailand, egg donation, sperm donation and surrogacy are legal under certain circumstances. The National Legislative Assembly of Thailand enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (ART Act) on 19 February 2015. The Act defined ART as “any medical scientific procedure that removes eggs or sperm from a human body for the purpose of unnatural pregnancy, including artificial insemination” of a third person. The Act established a special committee under the Permanent Secretary of the Ministry of Public Health to advise the Minister of Public Health about policies to protect children born through ART, in conformity with the purposes of the Act.
Given the legal requirements related to the 2015 law, it is essential to seek reliable legal assistance prior to pursuing third party reproduction in Thailand. For Thai nationals and Thai language speakers, there are a wide range of law firms to assist intended parents. For non-Thai nationals, lists of recommended lawyers may be available through your embassy or chamber of commerce.
For surrogacy, the intended parents and the surrogate mother must have a written agreement before the pregnancy occurs, indicating that the intended parents will be the legal parents of the child. The Act also clearly states that the intended parents will be the legal parents of the surrogate child and cannot deny the parentage of a child born through ART. All cases of surrogacy must be submitted to the Ministry of Public Health for approval.
Availability of Donor Eggs, Sperm and Embryos in Thailand
In Thailand, use of donor eggs and sperm is available non-commercially under some circumstances. Under the Protection for Children Born Through Assisted Reproductive Technologies Act (ART Act), it is not legal to compensate donors in Thailand. The law stipulates that:
Trade of gametes/embryos and commercial surrogacy are prohibited.
Brokering acts and promotion of third-party reproduction are prohibited.
Export and import of gametes/embryos are prohibited.
However, egg donation is still allowed as long as the donor has the same nationality as the egg recipient; also, the egg donation must not be commercial (not for profit). As a result, most donors are known.
Intended parents are not allowed to receive eggs from more than one donor per treatment. The patient requiring egg donation will need to provide her marriage certificate, and her husband must sign a letter of consent. The egg donor must also sign a letter of consent.
Egg donor qualifications include:
Must be 20-35 years of age
Pass a physical and mental health assessment
Must have the same nationality as the egg recipient
Must be married or divorced, and present a certificate of marriage or divorce
Spouse of the egg donor must sign a letter of consent
Has not donated eggs more than three times in her lifetime
Sperm donation is legal in Thailand; however, commercial sperm donation is illegal (sperm donation for profit is prohibited in Thailand). The patient who requires sperm donation will need to provide her marriage certificate, and she and her husband must sign letters of consent. The sperm donor must also sign a letter of consent. Also, the sperm donor is limited in conceiving a child with no more than 10 families.
Sperm donor qualifications include:
Must be 20-45 years of age
Pass a physical and mental health assessment
Spouse of the sperm donor must sign a letter of consent
Must not be a relative of the sperm recipient
No history of drug abuse
No history of sexually transmitted diseases
No history of hereditary diseases
No history of pestilential diseases (e.g., HIV/AIDS)
The sperm donor must also agree to be screened for HIV/AIDS upon submitting the sample, and repeat the test six months later before use of the sperm in the procedure.
Egg Donor Compensation in Thailand
Under the Protection for Children Born Through Assisted Reproductive Technologies Act (ART Act), it is not legal to compensate donors in Thailand.
Anonymous, Open, and Known Donation in Thailand
Because of the ART Act, most donors are known in Thailand.
Import and Export of Gametes to Thailand
The importation of gametes or embryos to Thailand is not allowed. This means that foreigners who wish to import their own embryos created abroad cannot do so in Thailand. Similarly, embryos created in Thailand cannot be exported. In addition, people wishing to procure eggs or sperm through cryobanks abroad and import them to Thailand cannot do so.
Surrogacy in Thailand
The 2015 law prohibits surrogacy for foreign couples, but allows surrogacy in some cases for Thai nationals. Commercial surrogacy is not allowed, and punishable by imprisonment for up to ten years or a fine, and acting as an agent for surrogacy is punishable by imprisonment for up to five years and/or a fine.
Intended parents must be lawful spouses, and the wife cannot be pregnant. Same-sex couples cannot seek surrogacy, because Thai law has not yet provided for legally sanctioned same-sex marriage. In addition, either (1) both applicants (husband and wife) are Thai; or (2) if only one of the applicants is Thai, the couple must have been married for at least three years.
The surrogate mother must: (1) be a blood relative of either of the applicants, but may not be either applicants’ parent or descendant; and (2) have had a pregnancy before the surrogacy. The approval of the husband of the surrogate mother is required for surrogacy, and the eggs of the surrogate may not be donated for the surrogacy.
If the applicants do not have any blood relatives who can serve as the surrogate, they will be able to apply based on exceptions that will be outlined in future regulations to be issued by the Minister of Public Health; as of 2018, it is estimated that 30% of the 140 approved cases of surrogacy were non-relatives. It is important to note that approval does not guarantee that the surrogacy process is safe and that the rights of all parties involved are protected.
Can LGBTQIA+ Couples Use IVF in Thailand?
Same sex marriage is not legal in Thailand. Same-sex couples wishing to undergo IVF or IUI are forbidden from doing so in Thailand — this applies to both Thai nationals and to foreign couples, even with a legal marriage license from a foreign country.
Can Single Women Use IVF in Thailand?
Single women can freeze their eggs in Thailand, but cannot fertilize the eggs using IVF until married. Thai law requires couples to be legally married in order to undergo IUI and/or IVF. Couples must present a marriage certificate at the clinic or hospital.
How to Choose an IVF Clinic in Thailand
There are many IVF clinics in Thailand, and IVF is offered in many major hospitals of excellent quality in Thailand.
Mandatory certifications for IVF clinics and hospitals offering IVF in Thailand are:
Medical Council of Thailand (MCT): Clinics must be certified and licensed by the MCT to ensure they meet the necessary standards for medical practice.
Department of Health Service Support (DHSS): Part of the Ministry of Public Health, the DHSS is responsible for licensing healthcare facilities, including IVF clinics. Clinics must obtain a license from DHSS to operate legally. DHSS is responsible for collecting information and publishing statistics on IVF clinics and their success rates.
In addition, some clinics and individual doctors or lab managers seek certifications from other Thai professional bodies:
Royal Thai College of Obstetricians and Gynaecologists (RTCOG): While primarily a professional body, obtaining accreditation from RTCOG can enhance a clinic's reputation and demonstrate adherence to high standards in reproductive medicine. This professional body also offers membership and professional development opportunities for obstetricians and gynecologists, including those specializing in reproductive endocrinology and infertility (REI).
Thai Reproductive Medicine Association (TRMA): Accreditation from TRMA is not mandatory but can provide additional credibility and recognition for clinics specializing in reproductive medicine.
Some clinics in Thailand have sought out the Reproductive Technology Accreditation Committee (RTAC) certification, which is provided by a committee of the Fertility Society of Australia. This means that the clinic complies with the Fertility Society of Australia’s international Code of Practice. Once certified, clinics are regularly reviewed by an independent certification body of the Fertility Society of Australia.
Preimplantation genetic testing is legal and widespread in Thailand. In the case that an IVF patient conceives multiples, selective fetal reduction is not practiced in most hospitals and clinics in Thailand, and the patient may need to travel abroad to seek this service.
Average costs of IVF with Egg or Sperm Donation in Thailand
Donor compensation:
Because all gamete donation and surrogacy is non-commercial, there are no costs to compensate donors in Thailand.
Donor egg agencies, egg and sperm banks, and surrogacy agencies are illegal, so there are no costs for intended parents to be paid to any agents.
The costs of IVF vary based on the clinic used and the location and may range from:
Initial investigation (Semen analysis, ultrasound, blood tests): USD 400-600
Egg retrieval (including medication), IVF or ICSI, 5-6 day culture, PGT-A and egg freezing: USD 10,000-15,000
Frozen embryo transfer: USD 2,500-5,000
IUI: USD 1,000-1,500
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As a reminder, this website is not a substitute for professional legal and medical advice. Please seek the advice of your doctor and lawyer to verify the information that we provide.
