Can a Paternal Aunt Act as a Surrogate Mother for Her Niece or Nephew?

Based on Clause 3, Article 95 of the 2014 Law on Marriage and Family, the conditions for a surrogate mother are stipulated as follows:

- Must be a relative of the same line of either the wife or the husband of the commissioning couple;

- Must have given birth before and can only act as a surrogate mother once;

- Must be of an appropriate age and have confirmation from a competent medical organization regarding the ability to act as a surrogate mother;

- If the surrogate mother is married, the written consent of her husband is required;

- Must have undergone medical, legal, and psychological counseling.

Thus, according to the regulation, the person entrusted to be a surrogate mother must be a relative of the same line as the commissioning couple. In this case, the surrogate mother is the biological aunt of the husband, which does not comply with the regulation. Therefore, the surrogacy arrangement cannot be carried out.

Sincerely!