Can single women be surrogate mothers in Vietnam? What are penalties for surrogacy for commercial purposes in Vietnam?

Can single women be surrogate mothers in Vietnam?

Article 95 of the 2014 Law on Marriage and Family stipulates conditions for altruistic gestational surrogacy as follows:

1. Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.

2. Husband and wife have the right to ask for a person’s gestational surrogacy when they fully meet the following conditions:

a/ The wife is certified by a competent health organization as unable to carry a pregnancy and give birth even with assisted reproductive technology;

b/ The couple has no common child;

c/ The couple has received health, legal and psychological counseling.

3. A gestational carrier must fully satisfy the following conditions:

a/ She is a next of kin of the same line of the wife or husband who asks for gestational surrogacy;

b/ She has given birth and is permitted for gestational surrogacy only once;

c/ She is at a suitable age and is certified by a competent health organization as eligible for gestational surrogacy;

d/ In case she is married, she obtains her husband’s written consent;

dd/ She has received health, legal and psychological counseling.

4. Altruistic gestational surrogacy must not contravene the law on giving birth with assisted reproductive technology.

5. The Government shall detail this Article.

Thus, a single woman can be a surrogate mother in Vietnam if she meets the following conditions: She is a relative of the wife or husband requesting the surrogate mother; have ever given birth; Be of appropriate age and have certification from a competent health organization as eligible for gestational surrogacy; received health, legal and psychological counseling.

In your case, whether you are single or not does not affect your eligibility for surrogacy. Consider the following reasons:

Firstly, you are not a relative in the same row as those two, you are just a neighbor.

Second, you have never been pregnant and given birth before.

Therefore, you cannot be a surrogate for Mr. M and Mrs. L in Vietnam.

What are penalties for surrogacy for commercial purposes in Vietnam? 

According to Point g, Clause 2, Article 5 of the Law on Marriage and Family 2014, the following acts are prohibited:

g) Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

Pursuant to Article 60 of Decree 82/2020/ND-CP, which stipulates violations of regulations on childbirth as follows:

1. Fine from 5,000,000 VND to 10,000,000 VND for acts of giving birth using assisted reproductive technology for commercial purposes, asexual reproduction, or surrogacy for commercial purposes.

2.Remedial measures:

Forced to return illegal profits obtained from violations specified in Clause 1 of this Article.

According to Clause 4, Article 4 of Decree 82/2020/ND-CP regulating fine levels:

4. The fine levels specified in Chapters II, III, IV, V, VI and VII of this Decree shall be applied to administrative violations committed by individuals, except for the articles specified in Clause 5 of this Article. In case the organization commits administrative violations like that of an individual, the fine level is equal to 2 times the fine level imposed on an individual.

In Article 187 of the 2015 Penal Code, the crime of organizing surrogacy for commercial purposes is stipulated:

1. A person who organizes surrogacy for commercial purposes shall be liable for a fine of from VND 50,000,000 to VND 200,000,000, face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offence is committed against 02 or more people;

b) The offence has been committed more than once;

c) The offence is committed in the name of an agency or organization;

d) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

According to the above provisions in Vietnam, surrogacy for commercial purposes is a violation of the law. If you are surrogacy and receive money, it is a form of surrogacy for commercial purposes.

For this behavior, there may be administrative sanctions or criminal prosecution. In your case, you will be administratively sanctioned in Vietnam. You will be fined from 5,000,000 VND to 10,000,000 VND if you perform surrogacy for commercial purposes, and you will also have to pay back the illegal profits gained from it.

As for criminal prosecution in Vietnam, anyone who organizes surrogacy for commercial purposes can be sentenced to up to 5 years in prison. In addition, offenders may be fined from 10,000,000 VND to 50,000,000 VND.

Best regards!