Is it possible for my foster sister to be a surrogate mother in Vietnam?
My name is Duyen, my husband is Hung and I have been married for 5 years and still have no children. We want to ask a surrogate. I want to ask if I can ask my foster sister to be a surrogate mother? My foster sister has been adopted by my parents according to the law and has lived with my family since childhood.
Is it possible for my foster sister to be a surrogate mother in Vietnam?
Pursuant to Clause 3, Article 95 of the Law on Marriage and Family 2014 stipulates that 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.
According to Clause 19, Article 3 of the Law on Marriage and Family 2014 explains the meaning of the word next of kin as follows:
19. Next of kin include people with marriage relation or raising relation, people of the same direct blood line and relatives within three generations.
Thus, according to current regulations in Vietnam, the surrogate mother must be a relative in the same row of the wife or husband's side. Compared with the concept of relatives mentioned above, your case, your adopted sister is also considered as a relative. So you can ask for surrogacy.
Best Regards!
