Vietnam: What conditions are for medical examination and treatment establishments permitted to perform altruistic gestational surrogacy?
- What conditions should altruistic gestational surrogacy meet in Vietnam?
- What conditions must medical examination and treatment establishments permitted to perform surrogacy techniques for humanitarian purposes meet in Vietnam?
- What are the dossiers and procedures for applying for recognition of establishments that are technically altruistic gestational surrogacy in Vietnam?
- What does the medical advice on altruistic gestational surrogacy include in Vietnam?
What conditions should altruistic gestational surrogacy meet in Vietnam?
Pursuant to Clause 22, Article 3 of the 2014 Law on Marriage and Family stipulates as follows:
22. Altruistic gestational surrogacy means a pregnancy carried voluntarily for non-commercial purpose by a woman for a couple of whom the wife is unable to carry a pregnancy and give birth even if assisted reproductive technology is applied. The voluntary gestational carrier is impregnated and gives birth through the transfer into her uterus of an embryo created by in vitro fertilization from the ovule of the wife and sperm of the husband.
Accordingly, altruistic gestational surrogacy is a voluntary, non-commercial woman's help to get pregnant for a couple whose wife is unable to become pregnant and have children even with assisted reproductive technology.
Pursuant to Article 95 of the 2014 Law on Marriage and Family, conditions for altruistic gestational surrogacy are as follows:
- Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.
- Husband and wife have the right to ask for a person’s gestational surrogacy when they fully meet the following conditions:
+ The wife is certified by a competent health organization as unable to carry a pregnancy and give birth even with assisted reproductive technology;
+The couple has no common child;
+ The couple has received health, legal and psychological counseling.
+ A gestational carrier must fully satisfy the following conditions:
+ She is a next of kin of the same line of the wife or husband who asks for gestational surrogacy;
+ She has given birth and is permitted for gestational surrogacy only once;
+ She is at a suitable age and is certified by a competent health organization as eligible for gestational surrogacy;
+ In case she is married, she obtains her husband’s written consent;
+ She has received health, legal and psychological counseling.
Vietnam: What conditions are for medical examination and treatment establishments permitted to perform altruistic gestational surrogacy?
What conditions must medical examination and treatment establishments permitted to perform surrogacy techniques for humanitarian purposes meet in Vietnam?
Pursuant to Clause 1, Article 13 of Decree 10/2015/ND-CP (amended by Clause 3 Article 1 of Decree 98/2016/ND-CP) stipulating the conditions for medical examination and treatment establishments to perform surrogacy techniques for humanitarian purposes are:
- At least 02 years of experience in performing in vitro fertilization technique, from the date of permission from the Ministry of Health to perform this technique;
- The total number of in vitro fertilization cycles is at least 1,000 cycles per year for 02 years.
Currently, there is the National Hospital of Obstetrics and Gynecology, Hue Central General Hospital, Tu Du Hospital in Ho Chi Minh City as eligible facilities to implement surrogacy techniques for humanitarian purposes.
What are the dossiers and procedures for applying for recognition of establishments that are technically altruistic gestational surrogacy in Vietnam?
Pursuant to Clause 2, Article 13 of Decree 10/2015/ND-CP (as amended by Clause 3 Article 1 of Decree 98/2016/ND-CP), the dossier and procedures for applying for recognition of establishments that are entitled to carry out surrogacy techniques for humanitarian purposes are prescribed as follows:
- A dossier of application for recognition of a facility that is entitled to carry out surrogacy techniques for humanitarian purposes, including:
+ A letter requesting the Ministry of Health to recognize establishments that are allowed to carry out surrogacy techniques for humanitarian purposes
+ Documents proving that the total number of in vitro fertilization cycles is at least 1,000 cycles per year for 02 years.
- A dossier of application for recognition of establishments that are technically performing altruistic gestational surrogacy shall be established in 01 set and sent directly or by post to the Ministry of Health.
- Within 05 working days from the date of receipt of a complete dossier, the Ministry of Health must review the dossier and issue a decision on recognition of the establishment being able to carry out surrogacy techniques for humanitarian purposes. In case the dossier is not valid, the Ministry of Health must issue a written notice, clearly stating the reason for sending the establishment requesting to perform surrogacy techniques for humanitarian purposes to complete the dossier.
What does the medical advice on altruistic gestational surrogacy include in Vietnam?
Pursuant to Article 15 of Decree 10/2015/ND-CP stipulating the contents of medical advice on altruistic gestational surrogacy as follows:
- For couples using surrogacy, the following should be advised:
+ Other options besides surrogacy or adoption;
+ The process of performing in vitro fertilization and surrogacy;
+ Difficulties in performing surrogacy;
+ The success rate of the technique can be very low if the ovarian reserve of the wife is low or the wife is over 35 years old;
+ High cost of treatment;
+ The possibility of multiple pregnancies;
+ The possibility that the baby is deformed and may have to abort the pregnancy;
+ Other related content.
- For surrogates, the following should be advised:
+ Risks and accidents that may occur during pregnancy such as miscarriage, ectopic pregnancy, postpartum hemorrhage and other accidents;
+ The possibility of having a cesarean section;
+ The possibility of multiple pregnancies;
+ The possibility of the baby being deformed and having to abort the pregnancy;
+ Other related content.
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