Having children is a dream for many families, but some couples face infertility issues and are unable to conceive naturally. One increasingly popular option is surrogacy and egg or sperm donation, which are assisted reproductive technologies that allow couples to have genetically related children. In Thailand, surrogacy and gamete donation are regulated by clear legal frameworks to prevent potential ethical and legal issues.

Surrogacy is a process in which a woman carries a pregnancy on behalf of another person or couple. The embryo, created from the intended parents' egg and sperm, is implanted into the surrogate's womb to carry the pregnancy to term.

Overview

Egg donation is an option for women undergoing infertility treatment who have issues with egg quality or lack their own viable eggs. This includes those who have undergone multiple unsuccessful fertility treatments and have been advised by doctors that conception with their own eggs is not possible, as well as women with ovarian failure.

For Thai citizens, egg donation in Thailand is legal, but commercial egg donation is prohibited. Additionally, it is forbidden for the recipient of the egg to receive eggs from more than one donor in each treatment cycle. Individuals seeking egg donation must provide proof of marriage or divorce registration, and the husband of the recipient must sign a “Consent Form for Egg Donation.” Egg donors must also sign a “Consent Form for Egg Donation.”

Process

1. Screening of the Donor

2. Sign consent forms

3. Ovarian Stimulation with Hormones

4. Egg Retrieval through an Ovarian Aspiration Procedure

5. Fertilization of the Retrieved Eggs in a Laboratory

Criteria for egg donor

• Aged between 20-35 years 

• If the egg donor is a relative of the recipient, and not a mother or child, they must be between the ages of 20 and 40 

• If not a blood relative, the donor must have or have had a legally recognized husband

• No genetic disorders

• Pass physical and mental health evaluations

• No history of infertility

• The spouse of the egg donor must sign a “Consent Form”

• Donors may donate eggs no more than three times in their lifetime

• Donors are prohibited from donating eggs to more than one recipient in each treatment cycle.

Legal restrictions

• Egg or sperm donation for commercial purposes or sale is prohibited.
• Donated eggs or sperm cannot be used outside the Kingdom of Thailand.

Overview

Sperm donation is a method to assist individuals with sperm-related issues, such as low sperm count, poor sperm quality, or congenital absence of sperm (azoospermia).

For Thai citizens, sperm donation is legal in Thailand, but commercial sperm donation is prohibited. Individuals seeking to receive sperm donations must provide proof of marriage, and their spouse must sign a “Consent Form for Sperm Donation.” Sperm donors must also sign a “Consent Form for Sperm Donation.” Sperm donors may only donate sperm if the donation results in a pregnancy for no more than 10 families.

Sperm donors must agree to an HIV or AIDS test before providing a sperm sample and undergo a repeat test six months after the initial test before their sperm can be used in treatment procedures.

Process

1. Screening of the Donor

2. Sign consent forms 

3. Semen Analysis to Assess Sperm Quality

4. Sperm Collection through Ejaculation and Cryopreservation

5. Use in In Vitro Fertilization (IVF) or Intrauterine Insemination (IUI)

Criteria for sperm donor

• Aged between 20-45 years

• Pass physical and mental health evaluations 

• The spouse of the sperm donor must sign a “Consent Form”

• Must not be related to the recipient 

• Normal sperm quality within standard parameters

• Have no history of drug use, sexually transmitted infection (STI) risks, genetic disease risks, and infectious diseases (such as HIV or AIDS)

Legal restrictions

• Egg or sperm donation for commercial purposes or sale is prohibited.

• Donated eggs or sperm cannot be used outside the Kingdom of Thailand.

Although Thai laws still impose restrictions on surrogacy and egg/sperm donation, there is a possibility that regulations may be adjusted to align with societal changes and advancements in reproductive technology. Infertility organizations are advocating for legal amendments to provide more options for families seeking to have children through these methods, including LGBTQ+ individuals, in the future.