Legal regulations on surrogacy

1. What is surrogacy?

According to the provisions of Clauses 22 and 23 of the Law on Marriage and Family 2014, there are two methods of surrogacy: surrogacy for humanitarian purposes and surrogacy for commercial purposes.

Article 3: Interpretation of words

22. Humanitarian surrogacy is the voluntary, non-commercial use of pregnancy by a woman. for couples where the wife is unable to conceive and give birth even with assisted reproductive technology, by taking the wife’s ovum and the husband’s sperm for in vitro fertilization, and then implanting it into the uterus. supply of a woman who voluntarily becomes pregnant so that she can become pregnant and give birth.

23. Commercial surrogacy is a woman’s pregnancy for another person using assisted reproductive technology for economic or other benefits.

Thus, at present, the law only allows surrogacy for humanitarian purposes and does not allow surrogacy for commercial purposes.

2. Conditions for surrogacy for humanitarian purposes

Article 95 of the Law on Marriage and Family 2014 stipulates the following conditions for surrogacy for humanitarian purposes:

Article 95. Conditions for surrogacy for humanitarian purposes

1. Surrogacy for humanitarian purposes must be done on a voluntary basis by the parties and in writing.

2. Husband and wife have the right to ask for a surrogate mother when the following conditions are met:

a) There is a certification by a competent medical organization that the wife cannot become pregnant and give birth even with assisted reproductive technology;</ span>

b) Husband and wife do not have children in common;

c) The couple has received medical, legal, and psychological counseling.

3. The person being asked for surrogacy must fully meet the following conditions:

a) Relatives in the same row of the wife’s or husband’s side asking for surrogacy;

b) A person who has given birth and is only allowed to be a surrogate once;

c) Being of appropriate age and certified by a competent medical organization on the possibility of surrogacy;

d) In case the surrogate mother has a husband, the husband’s written consent is required;

đ) Received medical, legal, psychological advice.

4. Surrogacy for humanitarian purposes must not be contrary to the law on childbirth by assisted reproductive technology.

5. The Government shall detail this Article.

According to the provisions of Clause 3, Article 1 of Decree No. 98/2016/ND-CP in 2016, amending and supplementing a number of articles of Decree No. 10/2015/ND-CP regulating childbirth by IVF If a medical examination and treatment facility is allowed to perform surrogacy technique for humanitarian purposes, and conditions for gestational surrogacy for humanitarian purposes, the following conditions must be met:

+ Having at least 02 years of experience in performing the technique of in vitro fertilization, from the date on which the Ministry of Health allows the application of this technique;

+ The total number of cycles of in vitro fertilization is at least 1,000 with a cycle each year for 2 years.

3. How is surrogacy for commercial purposes handled?

According to the provisions of Point g, Clause 2, Article 5 of the Law on Marriage and Family 2014, the following acts are prohibited: surrogacy for commercial purposes.

According to the provisions of Article 60 of Decree No. 82/2020/ND-CP dated July 15, 2020 providing for penalties for administrative violations in the field of judicial assistance; judicial administration; Marriage and family; civil enforcement; Bankruptcy of an enterprise or cooperative shall:

– A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for surrogacy for commercial purposes.

– The surrogate for commercial purposes is also subject to the remedial measure forced to pay back the illegal profits obtained from committing the violation.

Thus, surrogacy for commercial purposes will be administratively sanctioned.

Above is the advice of Khoa Tin Law on “Law on surrogacy”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.