Question:
My husband and I have been married for 7 years. Due to my medical condition preventing me from conceiving, we are considering finding a surrogate mother. Can we do this, and what procedures do we need to follow?
Answer:
The law in Vietnam allows altruistic surrogacy for couples where the wife is unable to carry a pregnancy and give birth, even through assisted reproductive technology. Altruistic surrogacy must serve humanitarian purposes and not for commercial purposes. However, the couple of you must meet specific legal requirements as stipulated by the law:
- Altruistic surrogacy shall be based on the voluntariness of involved parties and established in writing.
- 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 surrogate mother must fully satisfy the following conditions:
- She is a next of kin of the same line of the wife or husband who asks for surrogacy;
- She has given birth and is permitted for surrogacy only once;
- She is at a suitable age and is certified by a competent health organization as eligible for surrogacy;
- In case she is married, she obtains her husband’s written consent;
- She has received health, legal and psychological counseling.
Altruistic surrogacy must not contravene the law on giving birth with assisted reproductive technology.
(Article 95 Law on Marriage and Family 2014)\
Documents:
- An application for altruistic surogacy;
- A written commitment to altruistic surrogacy;
- Written undertaking of the gestational surrogate that she has not carried surrogacy before;
- Written certification that the surrogacy-requesting couple has no common child yet, made by the commune-level People’s Committee of the locality where the couple permanently resides;
- Written certification by a medical examination and treatment establishment eligible to perform in vitro fertilization that the wife suffers a disease which likely threatens her health and life as well as the fetus health;
- Written certification by a medical examination and treatment establishment eligible to perform in vitro fertilization that the surrogate is eligible to carry a pregnancy, meets requirements for an embryo recipient, and has given birth before;
- Written certification by the commune-level People’s Committee, or the surrogate’s or surrogacy-requesting person’s proof, of the relationship of next of kin of the same line on the basis of relevant civil status papers the truthfulness of which the surrogate or surrogacy-requesting person shall take responsibility before law for;
- Written consent to the surrogacy by the husband of the surrogate (in case this woman is married);
- Written certification of health counseling contents by an obstetrics doctor;
- Written certification of psychological counseling contents by a person with a bachelor or higher degree in psychology;
- Written certification of legal counseling contents by a lawyer or legal assistant;
- Written agreement on altruistic surrogacy between the surrogacy-requesting couple and the surrogate.
(Article 14 of Decree 10/2015/ND-CP, amended by Decree 98/2016/ND-CP)
