Things To Know About Surrogacy

Surrogacy is the need of many couples with infertility. Although the Law on Marriage and Family (amended) allows surrogacy, many families still lack information about this issue.
What is surrogacy?
According to Article 3 of the 2014 Law on Marriage and Family, the concept of surrogacy is understood in two forms as follows:
Surrogacy for a humanitarian purpose: A woman's voluntary, non-commercial purpose helps to protect a couple whose wife is unable to conceive and give birth even if assisted childbirth is applied production. By taking the wife's ova and the husband's sperm to conceive in a test tube, it is then implanted into the uterus of a woman who voluntarily becomes pregnant, so that she is pregnant and gives birth.
Surrogacy for commercial purposes: A pregnancy gives someone else by applying assisted reproductive technology to gain economic benefits or other benefits

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The Vietnamese law only allows surrogacy for humanitarian purposes, not for surrogacy for commercial or commercial purposes.
Vietnamese law does not allow pregnancy for commercial purposes
Where to seek surrogacy
Surrogacy is a humane undertaking, but not everyone can do it. The law accepts the following cases where women can seek surrogacy:
There are abnormal uterine problems
Have a congenital uterine malformation or have had a hysterectomy.




Bad health conditions, dangerous chronic diseases that cannot be pregnant such as kidney failure, heart failure ..., because these diseases can be dangerous for the life of both mother and baby.
History of the mother having had several miscarriages.
A lot of assisted reproductive technology but still can't get pregnant.
Viet Nam has a law for surrogate mothers
How to choose a surrogacy?
The gestational carrier is involved in many complicated legal and psychological issues, so between the two parties during the implementation process, the gestational surrogacy should be selected when the following conditions are met:
The surrogate mother must be a relative with a spouse For example: biological sisters, half-siblings, sisters, uncles, uncles, etc.



The surrogate mothers cannot be mothers or nephews.
The gestational carrier is at least 21 years old and not older than 35 years old.
Having been pregnant and giving birth to a healthy baby, without birth defects.
No infectious diseases such as hepatitis B, C, HIV, gonorrhea or syphilis ... As well as not prone to miscarriage.
Having stable psychology, no mental illness in order to avoid the case of children not fully developed.




Willingness to sign a commitment of agreement and responsibility during pregnancy such as following the instructions of the doctor to ensure the health of the fetus and completely giving up the baby after birth.
Surrogate mothers must be in good health and meet the criteria.
Who is the child after birth?
According to the law, surrogacy is performed by in vitro fertilization. By taking the husband's sperm combined with the wife's egg and conducting in vitro fertilization to form an embryo. After 2 to 5 days, the embryo will be implanted into the uterus of the gestational carrier. Therefore, the child after birth is completely carrying the blood of the couple thanks to the surrogacy carrier.
Although the gestational surrogacy is not the mother of the child, the civil and birth certificate is a mother-child relationship but is not recognized by law. To avoid problems, couples should fully comply with legal issues, make commitments to ensure that the baby and the surrogate are protected by law, do not encounter situation of surrogacy deliberately making it difficult or demanding children later.



Specifically, the two sides should have clear agreements such as:
The gestational surrogacy requesting person must adopt the child and the surrogacy is obliged to hand the child to the requesting party.
If the gestational carrier couple dies or loses their human act capacity before the child is received, the surrogate mother has the right to give priority to the child. If the gestational carrier does not adopt the child, he or she will have to support the child in accordance with the law.
Parenting is the responsibility of the surrogacy requesting party
Surrogacy is a humane thing that helps non-pregnant couples to have the joy of being a parent. But not so that this technology widespread application, because it can negatively affect social life./..

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