Can single men ask for eggs to have children in Vietnam?

Can single men ask for eggs to have children in Vietnam? Can single women apply for embryos to have children in Vietnam? What are regulations on procedures for issuing certificates of marital status in Vietnam?

Hello Lawyer, I am male, 22 years old this year, currently I have a desire to live alone but still want to have children to have fun in life. May I ask if I can apply for eggs and ask for a surrogate to have children?

Please advise. Thankyou.

Can single men ask for eggs to have children in Vietnam?

In Clause 2, Article 5 of Decree 10/2015/ND-CP, there are regulations on provisions on receipt of sperm, eggs and embryos as follows:

1. A sperm recipient must be the wife of a couple under infertility treatment of whom the husband is infertile, or be a single woman who wishes to have a baby and whose eggs are qualified for impregnation.

2. An egg recipient must be a Vietnamese or of Vietnamese origin who is the wife of a couple under infertility treatment and who has no egg or whose eggs are unqualified for impregnation.

...

According to current regulations in Vietnam, the law only allows the wife of a couple under infertility treatment and who has no egg or whose eggs are unqualified for impregnation to receive an egg. In your case, you are not allowed to receive eggs for surrogacy.

Can single women apply for embryos to have children in Vietnam? 

In Clause 3, Article 5 of Decree 10/2015/ND-CP, an embryo recipient must be:

3. An embryo recipient must be:

a/ The wife of a couple under infertility treatment both of whom are infertile;

b/ The wife of a couple under infertility treatment who has applied in vitro fertilization in vain, except the case of gestational surrogacy; or

c/ A single woman who has no egg or whose eggs are unqualified for impregnation.

4. A sperm or an egg or embryo recipient must be physically fit for in vitro fertilization, pregnancy and childbirth; currently suffer no sexually transmitted disease, no contagious disease of group A or B; no hereditary disease which can affect subsequent generations; and no mental or another disease which deprives her of the capacity to perceive and control her acts, and must not contract HIV.

5. Medical examination and treatment establishments may not provide names, ages, addresses and images of sperm and embryo recipients.

Thus, the law in Vietnam allows single women to receive embryos to have children in case that single woman has no egg or whose eggs are unqualified for impregnation.

What are regulations on procedures for issuing certificates of marital status in Vietnam?

In Article 22 of Decree 123/2015/ND-CP, there are regulations on procedures for issuing certificates of marital status as follows:

1. An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.

2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.

3. Within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant. Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status.

4. If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.

Within 3 working days from the date on which the written request is received, the requested People’s Committee of commune shall verify and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune.

5. As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant as prescribed in Clause 3 of this Article.

6. If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued must be returned.

According to this Article, the procedures for issuing certificates of marital status is carried out in accordance with the above provisions in Vietnam.

Best Regards!

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