Regulations on agreement on altruistic gestational surrogacy in Vietnam

What is altruistic gestational surrogacy?

According to the provisions of the Law on Marriage and Family 2014, it can be understood that altruistic gestational surrogacy means a pregnancy carried voluntarily for non-commercial purpose by a woman for a couple of whom the wife is unable to carry a pregnancy and give birth even if assisted reproductive technology is applied. The voluntary gestational carrier is impregnated and gives birth through the transfer into her uterus of an embryo created by in vitro fertilization from the ovule of the wife and sperm of the husband.

Regulations on agreement on altruistic gestational surrogacy in Vietnam (Internet image)

Conditions for altruistic gestational surrogacy in Vietnam

Pursuant to Article 95 of the Law on Marriage and Family 2014, altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.

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

- 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.

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.

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

Agreement on surrogacy for humanitarian purposes in Vietnam

Pursuant to 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:

- 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;

- Commitment to fulfill the rights and obligations prescribed in Articles 97 and 98 of the Law on Marriage and Family 2014;

- 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;

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

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.

Mai Thanh Loi

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