Surrogacy for Humanitarian Purposes: What Does the Application Dossier Include?

Recently, the Government of Vietnam has signed and promulgated Decree 10/2015/ND-CP on regulations regarding childbirth by in vitro fertilization techniques and conditions for altruistic surrogacy.

In Article 14 of Decree 10/2015/ND-CP, it is stipulated that an infertile couple shall submit an application for performing surrogacy for humanitarian purposes to a medical establishment licensed to carry out such technique, including the following documents:

application dossier for surrogacy for humanitarian purposes, Decree 10/2015/ND-CP

Illustration (source: internet)

- An application form for performing surrogacy technique according to Form No. 04 issued together with this Decree;

- A written commitment voluntarily carrying out surrogacy for humanitarian purposes according to Form No. 05 issued together with this Decree;

- A written declaration by the surrogate stating that she has never engaged in surrogacy before;

- A confirmation document from the Commune People's Committee where the intended parents reside, affirming that they do not have common children;

- A confirmation from a licensed medical establishment performing in vitro fertilization, indicating that the wife has a medical condition rendering pregnancy highly risky and endangering her health and life, making it impossible for her to conceive and give birth even with assisted reproduction techniques;

- A confirmation from a licensed medical establishment performing in vitro fertilization regarding the surrogate's ability to conceive, complying with the requirements for embryo recipients as specified in Clause 4, Article 5 of this Decree, and her history of having given birth;

- A confirmation from the Commune People’s Committee or self-declaration by the surrogate and the intended parents attesting to their familial relationship based on related civil status documents, with all parties bearing legal responsibility for the authenticity of these documents;

- A confirmation from the surrogate's husband (if the surrogate is married) consenting to the surrogacy;

- A confirmation of medical advice content from an obstetrician;

- A confirmation of psychological counseling content from a person with a university degree or higher in psychology;

- A confirmation of legal counseling content from a lawyer, jurist, or legal assistant;

- A surrogacy agreement for humanitarian purposes between the intended parents and the surrogate, as per Form No. 06 issued together with Decree 10/2015/ND-CP.

Subsequently, within 30 days from the date of receiving the complete dossier for performing surrogacy for humanitarian purposes, the licensed medical establishment must have a treatment plan to carry out the surrogacy technique. If unable to perform this technique, a written response explaining the reason must be provided.

More details can be found in: Decree 10/2015/ND-CP effective from March 15, 2015.

Thu Ba

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