Fertilitycluster5 min read

Is IVF Gender Selection Legal in Thailand? The 2026 Rules

By ThailandClinics · Published October 31, 2026


No. Choosing your baby's sex through IVF for non-medical reasons, including "family balancing", is not legal in Thailand. Under the Medical Council rules made under Thailand's ART Act of 2015, embryo genetic testing is only allowed for set medical reasons, and it must never be done in a way that amounts to sex selection.

If you've read older articles, social posts or medical-tourism listings saying Thailand is a place to choose your baby's sex, treat them with caution. Some are out of date, and some describe something the rules don't allow. You can check the clinics we list in our directory of fertility clinics in Bangkok.

What the rules say

Thailand regulates IVF through the Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558 (2015), usually called the ART Act. The detailed rules on embryo testing sit in a Medical Council of Thailand notice made under that Act: Notice No. 95(5)/2558, on the principles and conditions for genetic diagnosis of embryos.

That notice says embryo genetic testing has two purposes: screening embryos for genetic abnormalities, and diagnosis when one partner has a known genetic condition or carries one. It then adds a clear limit: the testing must not be done in a way that could be understood as sex selection.

The notice has since been amended. We couldn't open the official text of the current version, so ask your clinic to confirm the exact wording. Every source we checked, including peer-reviewed reviews of the Act, still describes non-medical sex selection as prohibited.

When embryo testing is allowed

As summarised in published accounts of the 2015 notice, embryo testing is allowed in cases like these. Ask your clinic for the current list:

  • One or both partners carries a genetic abnormality that could pass to the baby, with a clear risk of serious disease.
  • A previous pregnancy where the baby had a serious disability or genetic condition that embryo screening could prevent.
  • A child who needs a stem-cell donor, where testing can find an embryo with a tissue match (HLA matching).
  • Two or more miscarriages before 12 weeks, or a miscarriage confirmed as caused by a genetic abnormality.
  • The woman is 35 or older and there's a medical reason to think the embryos are at risk of a genetic abnormality.
  • Two failed pregnancies in a row after assisted reproduction.

Wanting a boy or a girl isn't on the list.

What about sex-linked genetic diseases?

Some serious conditions, such as haemophilia and some forms of muscular dystrophy, pass through the X chromosome and mainly affect one sex. The rules allow testing when a parent carries an inherited condition with a clear risk of passing it on. This is the only route we found where an embryo's sex can come into a medical decision.

That decision belongs to your doctor, not to you. Expect to need a genetic diagnosis or carrier result, genetic counselling, and signed consent from both partners. If you carry a sex-linked condition, bring your genetic report to the consultation and ask how the clinic handles your case.

Will the 2026 draft law change this?

Not as far as we can see. The Department of Health Service Support put a revised ART bill out for public consultation from 2 to 31 July 2026. Published summaries of that draft cover replacing "husband and wife" with "spouses", surrogacy for some foreign married couples, exporting sperm, eggs and embryos with committee approval, and tougher penalties for commercial surrogacy. None of the summaries we read mention changing the sex-selection rules. The draft also hadn't become law at the time of writing.

What to check

  • A clinic that offers non-medical sex selection is a red flag. It's offering something the rules forbid. Walk away.
  • Ask why PGT is being recommended. It should be for one of the medical reasons above, and the doctor should explain which one.
  • Bring your genetic records if you or your partner carries a known condition.
  • Check eligibility first. IVF in Thailand is currently limited to legally married couples, so you'll need your marriage certificate.

For how clinics compare on genetic testing, see how to compare Bangkok fertility clinics for PGT.

FAQ

Can I choose my baby's sex with IVF in Thailand?

No, not for personal or family-balancing reasons. Medical Council rules made under the ART Act of 2015 forbid using embryo testing in a way that amounts to sex selection.

Is PGT legal in Thailand?

Yes, for medical reasons. Embryo testing is allowed when a partner carries a genetic condition, after repeated miscarriage or failed transfers, when the woman is 35 or older with a medical reason, and in a few other set cases.

Is there an exception for sex-linked genetic diseases?

The rules allow embryo testing when a parent carries an inherited condition with a clear risk of passing it on. That's the route for sex-linked conditions such as haemophilia. Your doctor decides case by case, based on your genetic report.

What happens if a clinic offers sex selection anyway?

Treat it as a serious warning sign. The Medical Council rules bind every doctor who provides IVF in Thailand, so a clinic making that offer is willing to break them. Ask yourself what else it would cut corners on.

Looking for a licensed provider? Compare IVF clinics in Bangkok by services, location and patient reviews.

Reviewed by ThailandClinics editorial team, October 2026. This page is general information, not medical or legal advice.

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