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Legal Aspects

The practice of Surrogacy has been part of the Thai society for many centuries. And for the last 6-7 years, Surrogacy has become one of the star performers of Thailand’s Medical tourism Industry.

Presently, you will find absolutely no laws that govern surrogacy as such, plans generally there, possibly when it comes to barring the actual exercise or even permitting this.

The Thai Government has introduced some legislation that seeks to regulate the industry and specially so as to protect the rights of the children born through the Surrogacy and IVF as well as surrogate mothers.

For a smooth, legal and hassle free process we would obviously need to take care of certain legal aspects. These include the following documents:

- Completed Intended Parent application form, 

- Mutual Contract between Parents & Bangkok Surrogacy, and

- Memorandum of Intent between Parents & the Surrogate Mother. ( as per Thai Laws)

 


 

While putting together the start to end scope of services and related professional fees is quite straight forward (refer below). As things presently stand, noting that some of the legal work outlined below depends on whether the surrogacy is for heterosexual or same sex couples, or for a single parent… the typical requirements would be as follows:

  1. A legally binding agreement between the donor and the surrogate mother in accordance with Thai law.
  2. A legally binding agreement between the donor and the clinic that is providing the medical care to the surrogate mother.
  3. A legally binding agreement between the donor and the Surrogate.
  4. Apply for a Birth Certificate. 
  5. Obtain a Court ruling to establish donor as the legitimate father and/ or mother (however applicable).**
  6. Consult with the local relevant donor’s Embassy and apply/register the baby as a citizen and obtain the passport rider or actual passport (however applicable).
  7. Child adoption by donor’s partner (option only available for heterosexual couples) – presently for same sex couples, if the non-donating partner wishes to adopt the baby, then the process will be easier and work better in the home country. 
  8. The laws are unclear in Thailand as to a gay/lesbian couple adopting a baby.

 


 

Estimated Time Frames:

Birth Certificate:                                                                                                           3-4 working days after birth.

Court Ruling:                                                                                                                 12-16 weeks after birth.           

Passport (country dependent):                                                                                 2-14 working days after birth.

How it works?

clip image025 the process

Generally on receiving an email or Parent Application Form or a Phone call, with the help of our IVF Clinics we start by discussing the various options that could be made available to suite your specific needs. Depending on your requirement (individual need *) we will then co-ordinate your case with the clinic, surrogates, egg donors and other major players.

* We must mention here that every case, every situation is treated as special and there could be many avenues that might be made available to you especially. Please use this site only as a guide line and to get a better understanding of the process involved in this journey write to us and let us know your individual requirement.

After you have finally decided to go for surrogacy in Thailand, we will design a streamlined process that is practical and legal. We would then make all appointments with the IVF clinics and other medical and counsel appointments upon request. These professionals will help keep the surrogacy process on track.


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“Bangkok Surrogacy core function is to guide you with the right medical and professional support from the beginning to the end”

 

  • First free no-obligation Medical opinion through our partner IVF clinic. (We will respond to your query within 24 hours.).

 

 

  • If you decide that Bangkok Surrogacy can help you further, we will then start the process of Locating & Screening of an Egg Donor and a Surrogate that suits your needs.

 

 

 

  • While all this is happening, Bangkok Surrogacy would be working in the background getting Contracts ready and signed by all concerned parties, establishing Escrow accounts, arranging Insurance for the Surrogate etc. 
  • We will then establish Communication and between IPs, Surrogates, Egg Donor and the clinic to come-up with a plan to co-ordinate your visit, Surrogate and ED’s cycles.  
  • Bangkok Surrogacy will coordinate your travel plans to Thailand and our Travel agent will help you plan your itinerary, reservations and take care of other minor details.     
  • At this point IP’s will more than likely arrive in Bangkok. Bangkok Surrogacy will meet you at the clinic or at our office and take you through the process.   
  • After the IVF procedure is carried out and upon successful pregnancy the IVF clinic will house the Surrogate in a separate apartment, ensuring she stays in a clean, stress free environment.

imagesMost importantly providing support, continual news & guidance to both the IPs and the Surrogate mother. Co-ordination with the clinic, Immigration authorities in arranging a passport or a VISA for the newborn. ( pls note that most embassies don’t allow agents to act on their behalf, hence all applications will have to be made by the IPs themselves)

 

Even after IPs leaves the country, Bangkok Surrogacy can arrange to look after the surrogate. We have a range of options that allow parents to ‘return’ the favor and ensure that the surrogate is not simply used as a means of delivering a baby.