What conditions must be met for altruistic gestational surrogacy in Vietnam?

What conditions must be met for altruistic gestational surrogacy in Vietnam?

Pursuant to Article 95 of the 2014 Law on Marriage and Family, conditions for altruistic gestational surrogacy are stipulated as follows:

Conditions for altruistic gestational surrogacy

1. Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.

2. Husband and wife have the right to ask for a person’s gestational surrogacy when they fully meet the following conditions:

a/ The wife is certified by a competent health organization as unable to carry a pregnancy and give birth even with assisted reproductive technology;

b/ The couple has no common child;

c/ The couple has received health, legal and psychological counseling.

3. 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.

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

5. The Government shall detail this Article.

According to this Article, altruistic gestational surrogacy must meet the following conditions:

General principles:

- Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.

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

Husband and wife have the right to ask for a person’s gestational surrogacy:

- 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.

For a gestational carrier:

- 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.

What conditions must be met for altruistic gestational surrogacy in Vietnam? (Image from the Internet)

What rights and obligations does a altruistic gestational carrier party in Vietnam?

Pursuant to the provisions of Article 97 of the 2014 Law on Marriage and Family, a altruistic gestational carrier party has the following rights and obligations:

- Has 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.

- Shall comply with the Ministry of Health’s regulations on examination and screening for detecting and treating fetal abnormalities and defects.

- 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.

- Has the right to request the gestational surrogacy requesting party’s support and care for reproductive health.

- 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 in the interest of her life or health or for fetal development.

- Has the right to request a court to oblige the former to receive that child in case the gestational surrogacy requesting party refuses to receive the child.

What basic contents must an agreement on altruistic gestational surrogacy in Vietnam contain?

Pursuant to Clause 1, Article 96 of the 2014 Law on Marriage and Family, which stipulates agreements on surrogacy for humanitarian purposes:

Agreement on altruistic gestational surrogacy

1. An agreement on altruistic gestational surrogacy between husband and wife who ask for gestational surrogacy (below referred to as gestational surrogacy requesting party) and husband and wife who give gestational surrogacy (below referred to as gestational carrier party) must contain the following basic contents:

a/ Full information on the gestational surrogacy requesting party and the gestational carrier party according to the related conditions prescribed in Article 95 of this Law;

b/ Commitment to fulfill the rights and obligations prescribed in Articles 97 and 98 of this Law;

c/ Settlement of consequences in case of occurrence of obstetrical incidents; support for ensuring reproductive health for the gestational carrier during the period of pregnancy and delivery, child recognition by the gestational surrogacy requesting party, rights and obligations of both parties in case the child has not been delivered to the gestational surrogacy requesting party and other related rights and obligations;

d/ Civil liabilities in case one or both parties breach commitments under the agreement.

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Thus, an agreement on altruistic gestational surrogacy must have the following basic contents:

- Full information on the gestational surrogacy requesting party and the gestational carrier party according to relevant conditions.

- Commitment to fulfill the rights and obligations according to regulations.

- Settlement of consequences in case of occurrence of obstetrical incidents;

- Support for ensuring reproductive health for the gestational carrier during the period of pregnancy and childbirth, and the adoption of the surrogate's child

- Rights and obligations of both parties in case the child has not been delivered to the gestational surrogacy requesting party and other related rights and obligations;

- Civil liabilities in case one or both parties breach commitments under the agreement.

Best regards!