The latest conditions for altruistic gestational surrogacy in Vietnam

The latest conditions for altruistic gestational surrogacy in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. 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:

- 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.

2. Regulations on agreement on altruistic gestational surrogacy in Vietnam

Regulations on agreement on altruistic gestational surrogacy under Article 96 of the Law on Marriage and Family 2014 are as follows:

- 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 the Law on Marriage and Family 2014;

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

+ 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.

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

Rights and obligations of the altruistic gestational carrier party 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.

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