Rights and obligations of the altruistic gestational carrier party in Vietnam

Rights and obligations of the altruistic gestational carrier party in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Rights and obligations of the altruistic gestational carrier party in Vietnam

Rights and obligations of the altruistic gestational carrier party in Vietnam according to Article 97 of the Law on Marriage and Family 2014 are as follows:

- A gestational carrier and her husband have the rights and obligations as parents in reproductive health care and care for and nursing of the child until this child is delivered to the gestational surrogacy requesting party; and shall deliver the child to the gestational surrogacy requesting party.

- A gestational carrier shall comply with the Ministry of Health’s regulations on examination and screening for detecting and treating fetal abnormalities and defects.

- A gestational carrier is entitled to the maternity regime as prescribed by the labor and social insurance laws until the child is delivered to the gestational surrogacy requesting party.

When the duration from the date of giving birth to a child to the date of delivering that child is less than 60 days, a gestational carrier is still entitled to the maternity regime for full 60 days. The child born from gestational surrogacy shall not be counted into the number of children under the policy on population and family planning.

- The gestational carrier party has the right to request the gestational surrogacy requesting party’s support and care for reproductive health.

In the interest of her life or health or for fetal development, a gestational carrier has the right to on the number of embryos and continuation or discontinuation of the pregnancy in accordance with the laws on reproductive health care and giving birth with assisted reproductive technology.

- When the gestational surrogacy requesting party refuses to receive the child, the gestational carrier party has the right to request a court to oblige the former to receive that child.

2. Rights and obligations of altruistic gestational surrogacy requesting party in Vietnam

Rights and obligations of altruistic gestational surrogacy requesting party in Vietnam according to Article 98 of the Law on Marriage and Family 2014 are as follows:

- The gestational surrogacy requesting party shall pay actual expenses for ensuring reproductive health according to the Ministry of Health’s regulations.

- Rights and obligations of the altruistic gestational surrogacy requesting party toward their child shall arise from the time the child is born. The mother requesting gestational surrogacy is entitled to the maternity regime in accordance with the labor and social insurance laws from the time of receiving her child to the time the child is full 6 months.

- The gestational surrogacy requesting party may not refuse to receive their child. A gestational surrogacy requesting party that delays receipt of his/her child or breaches the child nursing and caring obligations shall support this child in accordance with the Law on Marriage and Family 2014 and be handled in accordance with relevant laws.

If causing damage to the gestational carrier party, he/she shall pay damages. In case the gestational surrogacy requesting party dies, the child is entitled to inheritance of the former’s estate in accordance with law.

- A child born from gestational surrogacy and other members of the family of the gestational surrogacy requesting party have the rights and obligations prescribed in the Law on Marriage and Family 2014, the Civil Code and other relevant laws.

- When the gestational carrier party refuses to deliver the child, the gestational surrogacy

3. Conditions for altruistic gestational surrogacy in Vietnam

Conditions for altruistic gestational surrogacy according to Article 95 of the Law on Marriage and Family 2014 are as follows:

- ltruistic 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.

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