Is the biological aunt allowed to be become the wife's gestational carrier under the law in Vietnam?

Is the biological aunt allowed to be become the wife's gestational carrier under the law in Vietnam?

My wife and I have been married for a long time but have not had children yet, Therefore, we are considering the altruistic gestational surrogacy method. Because my aunt is only the same age as my wife, is it legal is asking my aunt to become a gestational carrier for your wife?

Reply:

Pursuant to Clause 3, Article 95 of the Law on Marriage and Family 2014, a gestational carrier must fully satisfy the following conditions:

- 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.

Thus, according to regulations, the gestational carrier must be a next of kin of the same line of the wife or husband who asks for gestational surrogac. The gestational carrier in this case is your biological aunt, so it does not comply with the regulations. Therefore, it is not legal to ask your aunt to become a gestational carrier for your wife.

Is the biological aunt allowed to be become the wife's gestational carrier under the law in Vietnam? - Image from Internet

Does a agreement on gestational surrogacy for humanitarian purposes have to be made in writing?

My name is Loan, and my husband is Tien. After being married for a long time, we still don't have children. Seeing that my husband and I had to seek treatment everywhere, my sister Hoa and her husband Tri decided to agree to let my sister become a gestational carrier. So does our agreement have to be made in writing? Please help with this matter. Thanks

Reply:

According to the provisions of Clause 2, Article 96 of the Law on Marriage and Family 2014,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:

- An agreement on gestational surrogacy shall be made in writing and notarized. In case the couple requesting gestational surrogacy or the couple giving gestational surrogacy authorizes the other to make the agreement, such authorization shall be made in writing and notarized. Authorization to a third party is legally invalid.

+ In case an agreement on gestational surrogacy between the gestational carrier party and the gestational surrogacy requesting party is made concurrently with the agreement between them and the health establishment conducting the birth giving with assisted reproductive technology, this agreement must be certified by a competent person of this health establishment.

Thus, according to current regulations, an agreement on gestational surrogacy must be made in writing. In the case of authorizing each other on the agreement, the authorization must be made in writing and notarized. In addition, the agreement on gestational surrogacy must be made with the health establishment and certified by a competent person of this establishment.

Is a person who has not yet given birth to any baby allowed to be a gestational carrier under the law in Vietnam?

Currently, I do not have the ability to give birth, so I want to ask my sister to be my gestational carrier. However, my sister has neither gotten married nor given birth to a baby. Is she allowed to be my gestational carrier in this case?

Reply:

According to the provisions of Clause 3, Article 95 of the Law on Marriage and Family 2014, a gestational carrier must fully satisfy the following conditions:

- 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.

Thus, according to the above regulations, people who have not yet given birth will not be eligible to become agestational carrier. Thus, you will not be able to ask your sister to be your agestational carrier.

Best regards!