Is it permissible to hire someone else to be a surrogate mother when the wife is unable to have children in Vietnam?

Is it permissible to hire someone else to be a surrogate mother when the wife is unable to have children in Vietnam?

My wife and I have been living together for 3 years, but we still can't have children. Now, my wife and I want to hire someone else to be a surrogate mother. Is it allowed?

Answer:

Pursuant to Clause 22 Article 3 of the Law on Marriage and Family in 2014 stipulating as follows:

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.

Therefore, if you and your wife have been married for 3 years and have not had a child after using all assisted reproductive technology, you will be allowed to undergo surrogacy if you meet the conditions as stipulated.

Pursuant to Clause 3 Article 95 of the Law on Marriage and Family in 2014, 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.

As regulations above, you are not permissible to hire someone else to be a surrogate mother.

Is it permissible to hire someone else to be a surrogate mother when the wife is unable to have children in Vietnam? - Source: Internet

Is it necessary to draw up a document when authorizing a surrogate mother in Vietnam?

Hello Lawnet. I am planning to ask a family member to be a surrogate mother, because my wife and I have been infertile for a long time. Do I need to draw up a document? Because this is also a family member, so I think there is no fear of any disputes.

Answer:

Pursuant to Clause 2 Article 96 of the Law on Marriage and Family in 2014 stipulating as follows:

- An agreement on gestational surrogacy shall be made in writing and notarized. In case the couple requesting gestational surrogacy or the couple giving gestational surrogacy authorizes the other to make the agreement, such authorization shall be made in writing and notarized. Authorization to a third party is legally invalid.

Therefore, in the case of authorization for surrogacy, it is mandatory to establish a notarized document in accordance with the legal provisions.

Is it permissible ask a colleague at the same company to be a surrogate mother in Vietnam?

My husband and I have been infertile for many years due to my health conditions that make it difficult for me to get pregnant. Now, I would like to ask my colleague at the same company to be a surrogate mother for us. Is the surrogacy agreement recognized by the law?

Answer:

Pursuant to Article 95 of the Law on Marriage and Family in 2014 stipulating conditions for altruistic gestational surrogacy 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.

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

- The Government shall detail this Article.

Therefore, asking your colleague sister at the company, who is not related to you by blood or marriage, will not meet the legal requirements. You need to find someone suitable for surrogacy for altruistic purposes based on regulations of the law.

Best regards!