Responsibility for provide health, legal and psychological counseling to subjects of gestational surrogate in Vietnam

Responsibility for provide health, legal and psychological counseling to subjects of gestational surrogate in Vietnam (Internet image)

1. Health counseling contents for gestational surrogate in Vietnam

According to Article 15 of Decree 10/2015/ND-CP, the health counseling contents for gestational surrogate includes:

- 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 surrogate in Vietnam

According to Article 16 of Decree 10/2015/ND-CP, legal counseling contents for gestational surrogate include:

- Identification of parents and child in case of altruistic gestational surrogacy prescribed in Article 94 of the Law on Marriage and Family 2014.

- Rights and obligations of the altruistic gestational surrogate prescribed in Article 97 of the Law on Marriage and Family 2014.

- Rights and obligations of the altruistic gestational surrogacy-requesting party prescribed in Article 98 of the Law on Marriage and Family 2014.

- Other related contents.

3. Psychological counseling contents for gestational surrogate in Vietnam

Psychological counseling contents for gestational surrogate are specified in Article 17 of Decree 10/2015/ND-CP 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 provide health, legal and psychological counseling to subjects of gestational surrogate in Vietnam

According to Article 18 of Decree 10/2015/ND-CP, the responsibility for provide health, legal and psychological counseling to subjects of gestational surrogate include:

- 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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