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Understanding Thailand ART Regulations: FAQs on Fertility Treatments
Understanding Thailand ART Regulations: FAQs on Fertility Treatments
Dr. Pokpong Pansrikaew
Dr. Pokpong Pansrikaew
Fertility

 

  1. Do I need to be married in order to undergo fertility treatment in Thailand? 
    Yes, Thai law requires couples to be legally married in order to undergo IUI and/or IVF/ICSI. You will need to present your marriage certificate at the clinic.

    However, ovarian stimulation and some fertility medication treatments are permitted without being married.

    If your marriage license is in a language other than English, you will need to have it translated into English and validated by your local embassy in Bangkok. Please feel free to email us ahead of time to find out more details for your specific case.

    2. I am legally married to a person of the same gender in my home country. May I undergo IUI or IVF in Thailand?
    Thailand does not recognize same-sex marriage, and 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.  

    3. Is egg donation an option in Thailand?
    Egg donations are legal in Thailand; however, commercial egg donation is not (egg donation for profit is prohibited in Thailand).

    Egg donor recipients 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
  • Spouse of the egg donor must sign a letter of consent
  • Has not donated eggs more than 3 times in her lifetime
  • Egg donor information will be documented for 20 years
  1. Is sperm donation an option in Thailand?
    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 6 months later before use of the sperm in the procedure
  1. What are the legal requirements regarding egg freezing?
    The legal requirements for egg freezing include:
  • Prior to egg freezing, the patient must sign a letter of consent
  • The patient must undergo a health screening for contagious disease
  • Screening to separate “infected” from “uninfected” eggs (e.g., HIV/non-HIV infected)
  • Eggs kept longer than 5 years after the passing of the wife may not be used
  • A husband wishing to use eggs from his deceased wife must have her written consent
  • If frozen eggs are used after the death of the wife, the Ministry of Public Health (Thailand) must be notified
  1. What are the legal requirements regarding sperm freezing?
    The legal requirements regarding sperm freezing include:
  • Prior to sperm freezing, the patient must sign a letter of consent
  • The patient must undergo a health screening for contagious disease
  • Screening to separate “infected” from “uninfected” sperm (e.g., HIV/non-HIV infected)
  • A wife wishing to use sperm of her deceased husband must have his written consent
  • Sperm kept longer than 5 years after the passing of the husband may not be used
  • If frozen sperm is used after the death of the husband, the Ministry of Public Health (Thailand) must be notified
  1. What are the legal requirements regarding embryo freezing?
    The legal requirements regarding embryo freezing include:
  • A couple wishing to undergo embryo freezing must be legally married
  • Prior to embryo freezing, both husband and wife must sign a letter of consent
  • The couple must undergo a health screening for contagious disease
  • Screening to separate “infected” from “uninfected” embryos (e.g., HIV/non-HIV infected)
  • A husband or wife wishing to use embryos after their spouse has passed must have a written consent
  • If frozen embryos are used after the death of a spouse, the Ministry of Public Health (Thailand) must be notified 
  • Embryos kept longer than 5 years after the death of a spouse may not be used
  1. Is pre-implantation genetic screening an option in Thailand?
    Thailand permits pre-implantation genetic screening, which is usually done in the following cases:
  • The female is over 35 years of age
  • If the female has had more than 2 abortions/miscarriages prior to 12 weeks of pregnancy
  • Couples with a history of recurrent miscarriage
  • Known to have unusual genes
  • Has failed to become pregnant from IVF after 2 consecutive attempts
  • Has previously given birth to a child suffering from birth defects
  • There is reason to believe that there is an embryo irregularity 
  • Severe male factor infertility
  1. Is surrogacy an option in Thailand?
    As of 2015, Thailand only permits surrogacy for married heterosexual Thai couples. See https://surrogate.com/intended-parents/international-surrogacy/surrogacy-in-thailand/