Is it possible for a cousin who is the daughter of a paternal uncle to be a surrogate?
Can you ask your cousin who is your paternal uncle's daughter to be your surrogate?
According to Clause 3, Article 95 of the 2014 Law on Marriage and Family, conditions for surrogate pregnancy for humanitarian purposes are stipulated as follows:
- The intended surrogate must meet the following conditions:
a) She must be a relative of the same line on the wife's or husband's side;
b) She must have given birth before and may only act as a surrogate once;
c) She must be of appropriate age and have certification from a competent medical organization on her ability to be a surrogate;
d) If the surrogate woman is married, she must have written consent from her husband;
e) She must have been counseled on medical, legal, and psychological matters.
According to Clause 19, Article 3 of the 2014 Law on Marriage and Family, it is stipulated as follows:
- A relative is a person with marital, fostering relationships, someone with the same direct bloodline, or a person within three degrees of kinship.
It can be understood that you wish to ask someone to be a surrogate for humanitarian purposes. In your case, you and the intended surrogate mother are relatives of the same line (cousins). Thus, your case may proceed with surrogacy. However, you need to meet other conditions for humanitarian surrogacy as per Article 95 of the 2014 Law on Marriage and Family for the surrogacy to be legally compliant.
Conditions for the Intended Surrogate
According to Clause 3, Article 95 of the 2014 Law on Marriage and Family, conditions for surrogate pregnancy for humanitarian purposes are stipulated as follows:
- The intended surrogate must meet the following conditions:
a) She must be a relative of the same line on the wife's or husband's side;
b) She must have given birth before and may only act as a surrogate once;
c) She must be of appropriate age and have certification from a competent medical organization on her ability to be a surrogate;
d) If the surrogate woman is married, she must have written consent from her husband;
e) She must have been counseled on medical, legal, and psychological matters.
Thus, the surrogate mother must meet all 05 conditions mentioned in Clause 3, Article 95 of the 2014 Law on Marriage and Family to be eligible for surrogacy.
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