Concerns are being raised about the use of surrogates in Thailand as a growing number of Australians look to the country in their bid to have a child.

The swing towards Thailand is the direct result of a decision by India to only grant medical visas for surrogacy to heterosexual couples who have been married for at least two years.

For Marcus and his partner, this meant turning to Thailand to have their child.

They have just returned home to Australia after their surrogate, a Thai woman, was implanted with an embryo made from one of the men's sperm and a Ukrainian woman's egg.

Marcus says the process has not been easy.

"We knew that before we decided to move ahead but it's worth it," he said.

The men wanted to use a surrogate in India but the country now excludes gay couples.

In the United States surrogacy can cost more than $150,000, but in Thailand it is only about $50,000.

Unlike in the US however, the Thai surrogate is listed as the baby's mother on the birth certificate and if she is married, her husband will be put down as the father.

The intending father, who provided the sperm, must get a DNA test in Thailand to prove he is biologically linked to the baby and then apply for an Australian passport for the child.

Legal experts warn that this makes Thailand a legal minefield.

Jenni Millbank, a professor of law at the University of Technology and an expert in surrogacy law, says surrogacy in Thailand has "a whole different box of problems".

"The main problem is the uncertainty over the parental status of the intended parents and the lack of process for transferring parental status from a surrogate to the intended parents," she said.

Marcus and his partner say they are looking forward to starting the next chapter of their lives. ( ABC )

Mariam Kukunashvili co-founded New Life Global Network, a group of surrogacy clinics around the world, and has had a clinic in Bangkok for the past year.

But even she says India is a much better option than Thailand because the law is a lot clearer.

"We are trying to diminish the risks but we cannot change the law or regulations," she said.

"People must be aware and expectations must be met and that's why we are informing them very clearly so the choice is up to them."

According to Ms Kukunashvili, the process from when the baby is born to when it can return to Australia takes about a month.

She says because surrogates are motivated by money, she has never had a case where the surrogate has tried to keep the baby or blackmail the intending parents.

But Professor Millbank has serious concerns for parents, especially if relationships break down.

"Mothers are in a terrible position with surrogacy arrangements whether they are genetic parents or not," she said.

"Intended mothers are not acknowledged as legal parents - neither in Australia or Thailand," she said.

Professor Millbank wants commercial surrogacy to be legalised in Australia so Australian families can go through the process at home where it is safer, fairer and cheaper.

Meanwhile, Marcus believes the laws as they stand are discriminatory.

"The one of us that isn't the biological parent, isn't recognised as a legal guardian and that can potentially cause some problems down the line," he said.

"If one of us passed away and the other one isn't recognised under Australian law, technically the child could go into care while the other parent fights it out in court."

Marcus says they will meet their Thai surrogate before the birth of their child, and they have already met the Ukrainian woman who donated the egg.

"What we will bring back from Thailand will be the amazing next chapter of our lives," he said.

"I think we're going to bring up great kids, with great values who will make a great contribution to our society."