Surrogacy in Thailand

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Surrogacy in Thailand

Thailand  was a popular destination for couples before the Thai Medical Council started implementing  law heavily restricting commercial surrogacy.  Prior to this there were a few surrogacy agencies  providing surrogacy in Thailand.  We have used the British Embassy and some surrogacy lawyers in Thailand who have successfully helped us to navigate couples and their children back to the UK swiftly.  We also assisted three couples to complete their journey after their surrogates were turned away from the main hospitals to give birth.  Our couples were in Thailand as the unfortunate Baby Gammy case unfolded leading to Thai authorities closing down surrogacy agencies, houses and clinics.

Some agencies continue to operate with creative ideas on how the surrogacy journey can be completed using Thai surrogates.  It is essential not to take any risks.  You should get legal advice before embarking upon surrogacy in Thailand.

We have represented many couples for whom the High Courts in England have granted Parental Orders without any difficulty following surrogacy in Thailand.  It is important to do extensive research and secure references from other British couples who have successfully used the clinic that you are considering using.

The better surrogacy clinics in Thailand will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate.  The onus is on you and us to ask relevant questions at all times to make sure that exploitation does not take place.  We advise that you have private discussions with your surrogate and hire an interpreter where necessary.  Most clinics offer assistance in this respect.  If you do not do this you risk there being serious misunderstandings between you and the surrogate that can lead to difficulties as happened in the Baby Gammy case.  You need an interpreter to make sure that you are all on the same page.

We have acted for couples using many of the established clinics in Thailand.

Having conducted surrogacy cases for many years, we are in a good position to advise you of the pitfalls to look out for.  We also have experience with the citizenship and passport procedure to get you back to the UK with your child swiftly.

If you are considering surrogacy in Thailand, please do not hesitate to contact us for legal advice.   It is also essential for you to take advice from a lawyer in Thailand.

Regardless of the law in Thailand, the surrogate is always the legal mother.  Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate.  We will advise you on whether you can become legal parents to the child(ren) and if so, how to return to England with the child.  We will then provide a bespoke service for you to obtain a Parental Order.

A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents.  If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption.  This deadline has been extended in some cases.  We will work with you and surrogacy lawyers in Thailand to ensure that all of the necessary paperwork is in place for the Parental Order process within the deadline.

Please call our surrogacy lawyers for advice on surrogacy in Thailand today on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk

Read our testimonials to see what other couples say about us.

Please be advised that our role is limited to providing legal advice on surrogacy based on the law in England.

We will not recommend any surrogacy provider, destination, agency or clinic. Entering into a surrogacy arrangement abroad requires much research and advice.  Our role is to advise you on your position from a UK law perspective if you were to proceed with your arrangement. If our advice concludes that you can become legal parents following the arrangement, it should not be considered as advice to proceed. If we have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.     

We will not take part in any negotiations for your surrogacy arrangement nor, will we review your surrogacy contracts.