Surrogacy is no longer available for foreigners in Thailand. There are Laos/Thai hybrid programs available but these have no legal protection. However there is a service available for those who have a child born via Thai surrogacy interested in having their child(ren)’s birth certificate amended to replace the surrogate with the intended mother
The 2015 Thai Surrogacy Law has provided the opportunity for overseas heterosexual couples to apply to the Juvenile and Family Court in Thailand, to become legal parents in Thailand of their children born by surrogacy (and egg donation) from their original date of birth, adding Intended Mother to Thai Birth Certificates
Once a court order has been issued, then an amended copy of the birth certificate is issued with the Mother’s name instead of the Surrogate’s name as the child’s mother.
This is the experience of a family who ran a test case in Thailand
“My son was born through surrogacy in Thailand in February 2015. I was ecstatic to have completed my family. But the fact that the surrogate mother’s and not my name was on his birth certificate was like a thorn in my side. I just couldn’t live with it. I spoke to lawyers in Australia and Thailand. Eventually I found a legal team in Thailand who told me that with their help his birth certificate could be re-issued with my name on it.
I didn’t quite believe it – but I had to try. We were the test case for families who had used an egg donor. Our legal team were very confident that we would succeed and they were right. We went before a judge in the Thai Family and Juvenile CFourt. Our son is now legally ours in Thailand from the day of his birth. And, best of all, his birth certificate has been changed so that now it has me and not the surrogate as his mother.
I have been blown away by how profound this change has been. I feel so much closer to my son and a silent question mark has been removed from our relationship. It is wonderfully empowering and utterly amazing. I couldn’t be happier.”
If you are interested in changing your child’s birth certificate, Families Through Surrogacy recommends that interested parents proceed sooner rather than later, as there is no guarantee that this opportunity will always be available.
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