Vietnam: Is consent from biological children required for a gestational carrier?

Where the gestational carrier in Vietnam already has children, is consent from her children required before gestational surrogacy?

Under Clause 3, Article 95 of the Law on Marriage and Family 2014, regarding conditions for altruistic gestational surrogacy in Vietnam:

A gestational carrier in Vietnam 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.

...

Thus, according to this regulation, in the case where the gestational carrier is married, written consent from her husband is required. In other cases, no consent from anyone is needed. Therefore, if the gestational carrier has already had children, consent from the children is not necessary.

Sincerely!

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