Do I have to take care of my baby if I accept to be a surrogate mother in Vietnam?
My name is Uyen, 27 years old, I have a daughter who is 5 years old. I was asked by my sister to be a surrogate mother. I want to ask if I have to take care of the child I am surrogate for? Do I have any other obligations besides my duty of care?
Do I have to take care of my baby if I accept to be a surrogate mother in Vietnam?
Pursuant to Article 97 of the Law on Marriage and Family 2014 stipulates rights and obligations of the altruistic gestational carrier party as follows:
1. A gestational carrier and her husband have the rights and obligations as parents in reproductive health care and care for and nursing of the child until this child is delivered to the gestational surrogacy requesting party; and shall deliver the child to the gestational surrogacy requesting party.
2. A gestational carrier shall comply with the Ministry of Health’s regulations on examination and screening for detecting and treating fetal abnormalities and defects.
3. A gestational carrier is entitled to the maternity regime as prescribed by the labor and social insurance laws until the child is delivered to the gestational surrogacy requesting party.
When the duration from the date of giving birth to a child to the date of delivering that child is less than 60 days, a gestational carrier is still entitled to the maternity regime for full 60 days. The child born from gestational surrogacy shall not be counted into the number of children under the policy on population and family planning.
4. The gestational carrier party has the right to request the gestational surrogacy requesting party’s support and care for reproductive health.
In the interest of her life or health or for fetal development, a gestational carrier has the right to on the number of embryos and continuation or discontinuation of the pregnancy in accordance with the laws on reproductive health care and giving birth with assisted reproductive technology.
5. When the gestational surrogacy requesting party refuses to receive the child, the gestational carrier party has the right to request a court to oblige the former to receive that child.
Thus, comparing the current regulations in Vietnam with your case, you must perform the same obligations as parents towards the child you are surrogate for until the time of handing over the child to your sister. In addition, you also have the right and obligation to decide on the number of fetuses, whether to continue or not to continue the pregnancy in accordance with the provisions of the law on reproductive health care and childbirth by assisted reproductive technology in case of life and health reasons.
Best Regards!
