Health, legal and psychological counseling contents for gestational surrogacy-requesting couple in Vietnam

Health, legal and psychological counseling contents for gestational surrogacy-requesting couple in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Health counseling contents for gestational surrogacy-requesting couple in Vietnam

Health counseling contents for gestational surrogacy-requesting couple according to Article 15 of Decree 10/2015/ND-CP are as follows:

- A gestational surrogacy-requesting couple should be counseled on the following contents:

+ Options other than gestational surrogacy or child adoption;

+ The process of in vitro fertilization and gestational surrogacy;

+ Difficulties of gestational surrogacy;

+ The very low success rate for gestational surrogacy if the wife’s ovarian reserve is low or she is over 35;

+ High treatment costs;

+ Possibility of multiple births;

+ Possibility of embryo defects leading to forced abortion;

+ Other related contents.

- A gestational surrogate should be counseled on the followings:

+ Possible risks and incidents of pregnancy such as miscarriage, ectopic pregnancy, postpartum hemorrhage and other incidents;

+ Possibility of cesarean section;

+ Possibility of multiple births;

+ Possibility of embryo defects leading to forced abortion;

+ Other related contents.

2. Legal counseling contents for gestational surrogacy-requesting couple in Vietnam

Legal counseling contents for gestational surrogacy-requesting couple in Vietnam according to Article 16 of Decree 10/2015/ND-CP is as follows:

- Identification of parents and child in case of altruistic gestational surrogacy prescribed in Article 94 of the Law on Marriage and Family.

- Rights and obligations of the altruistic gestational surrogate prescribed in Article 97 of the Law on Marriage and Family.

- Rights and obligations of the altruistic gestational surrogacy-requesting party prescribed in Article 98 of the Law on Marriage and Family.

- Other related contents.

3. Psychological counseling contents for gestational surrogacy-requesting couple in Vietnam

According to Article 17 of Decree 10/2015/ND-CP, the psychological counseling contents for gestational surrogacy-requesting couple in Vietnam are as follows:

- A gestational surrogacy-requesting couple should be counseled on the followings:

+ Short- and long-term psychological issues of gestational surrogacy, relatives and the child;

+ The gestational surrogate might intend to keep the child after giving birth;

+ Behaviors and habits of the gestational surrogate might affect the child’s health;

+ Psychology and emotion when asking a person to carry a pregnancy and give birth;

+ Failures and costs of gestational surrogacy treatments might cause stress and exhaustion;

+ Other related contents.

- A gestational surrogate should be counseled on the followings:

+ Psychology and emotion of family members and friends during the time she carries the pregnancy;

+ Psychological liability toward the gestational surrogacy-requesting couple in case of miscarriage;

+ Psychological impacts on her natural children;

+ Feeling of loss and complex after delivering the child to the gestational surrogacy- requesting couple;

+ The main motive for carrying the pregnancy is the willing to help the gestational surrogacy requesting couple, not for profit;

+ Other related contents.

4. Responsibility for health, legal and psychological counseling for gestational surrogacy-requesting couple in Vietnam

Responsibility for health, legal and psychological counseling for gestational surrogacy-requesting couple in Vietnam according to Article 18 of Decree 10/2015/ND-CP is as follows:

- Medical examination and treatment establishments permitted to perform gestational surrogacy shall provide health, legal and psychological counseling for gestational surrogacy- requesting couples and gestational surrogates.

- When a gestational surrogacy-requesting couple or gestational surrogate has one of the following written certifications, a medical examination and treatment establishment permitted to perform gestational surrogacy is not required to counsel on the matter for which the written certification is available:

+ Written certification of health counseling contents by a doctor working at a medical examination and treatment establishment recognized by the Ministry of Health to be eligible to perform in vitro fertilization;

+ Written certification of psychological counseling contents by a person competent and responsible to provide psychological counseling who works at a licensed psychological counseling establishment;

+ Written certification of legal counseling contents by a person competent and responsible to provide legal counseling who works at a legal assistance and counseling organization having the legal person status.

- A health counselor must be an obstetrics doctor and shall counsel all the contents specified in Article 15 of Decree 10/2015/ND-CP. A legal counselor must hold a bachelor or higher degree in law and shall counsel all the contents specified in Article 16 of Decree 10/2015/ND-CP.

A psychological counselor must hold a bachelor or higher degree in psychology and shall counsel all the contents specified in Article 17 of Decree 10/2015/ND-CP.

- A health, legal or psychological counselor shall sign and clearly write his/her full name, title, working address and date of counseling on the written certification of counseling contents and take responsibility before law for his/her certification.

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