Wife Unable to Conceive, Can I Ask Someone Else for Surrogacy? Can Individuals Over 40 Years Old Be Surrogates?
My wife is unable to conceive; can I ask someone else to be a surrogate?
Hello,
My wife has a medical condition and is unable to conceive despite various treatments. Therefore, I would like to ask if we can seek a surrogate in this case. We do not have any children yet.
Answer:
Clause 3, Article 95 of the Law on Marriage and Family 2014 stipulates:
The surrogate must meet the following conditions:
a) Is a relative of the same line as either the wife or the husband who seeks surrogacy;
b) Has previously given birth and can only be a surrogate once;
c) Is of an appropriate age and has confirmation from a competent health authority on the ability to be a surrogate;
d) If the surrogate woman is married, such surrogacy must have the written consent of her husband;
e) Has been counseled on medical, legal, and psychological aspects.
The regulation only requires the surrogate to be of an appropriate age and have confirmation from a competent health authority regarding the ability to be a surrogate. It does not specify a particular age, so if the competent health authority confirms it, someone aged 40 can still be a surrogate.
Can someone over 40 years old be a surrogate?
I would like to ask if a person over 40 years old can be a surrogate. This person is in excellent health.
Answer:
Pursuant to Article 95 of the Law on Marriage and Family 2014, the conditions for surrogacy for humanitarian purposes are stipulated as follows:
Surrogacy for humanitarian purposes must be based on the voluntary will of the parties and formalized in writing.
A couple has the right to seek a surrogate if the following conditions are met:
a) There is confirmation from a competent health authority that the wife is unable to conceive and give birth even with assisted reproductive technology;
b) The couple does not have any common child;
c) They have received counseling on medical, legal, and psychological aspects.
...
According to the above regulation, if you and your spouse do not have a common child and wish to seek a surrogate for humanitarian purposes, you must have confirmation from a competent health authority that the wife is unable to conceive and give birth even with assisted reproductive technology, and have been counseled on medical, legal, and psychological aspects.
Can we seek surrogacy after adopting a child?
My spouse and I are infertile and have adopted a child. Can we still seek surrogacy?
Answer:
According to Clause 2, Article 95 of the Law on Marriage and Family 2014, a couple has the right to seek a surrogate if the following conditions are met:
- There is confirmation from a competent health authority that the wife is unable to conceive and give birth even with assisted reproductive technology;
- The couple does not have any common child;
- They have received counseling on medical, legal, and psychological aspects.
The condition of "not having a common child" is understood as not having children born during the marriage between the two spouses, and not in cases of adopting a child.
Therefore, if you and your spouse have adopted a child, you still have the right to seek surrogacy if there is confirmation from a competent health authority and you have received counseling on medical, legal, and psychological aspects.
Sincerely!
