Question: I would like to know about surrogacy arrangement which is carrying of a pregnancy for intended parents. A couple (Non-Resident of Vietnam) who attempted IVF with no success and they have embryos stored in Thailand.We select a surrogate mother who is our relative and would like to go through this process in Vietnam.Considering this circumstances please advise how we can proceed there. Thank you!
Answer: I am Lawyer of SB Law. I was entrusted to provide you legal advice regarding to surrogacy arrangement.
Under Vietnam Law, if you wish to proceed with a surrogacy arrangement, you must firstly contact one of following hospitals:
– The National Hospital of Obstetrics and Gynecology in Hanoi;
– Hue Central General Hospital in Hue City;
– Ho Chi Minh City Tu Du Obstetrics Hospital in Ho Chi Minh City
for support. Currently, only above three hospitals are licensed to perform altruistic gestational surrogacy in Vietnam.
A infertile couple shall send a dossier of application for altruistic gestational surrogacy to one of above said hospitals, including:
– An application for altruistic gestational surrogacy;
– A written commitment to altruistic gestational surrogacy;
– Written undertaking of the gestational surrogate that she has not carried gestational surogacy before;
– Written certification that the gestational 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 if she carries a pregnancy or that she is unable to carry a pregnancy and give birth even with assisted reproductive technology;
– Written certification by a medical examination and treatment establishment eligible to perform in vitro fertilization that the gestational 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 gestational surrogate’s or gestational 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 gestational surrogate or gestational surrogacy-requesting person shall take responsibility before law;
– Written consent to the gestational surrogacy by the husband of the gestational 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 gestational surrogacy between the gestational surrogacy-requesting couple and the gestational surrogate.
Generally, in Vietnam, we shall need further guidance on enforcement of the above said matters. This procedure has just been adopted in January 2015 and it is now considered as a pilot.
We assume that your client may face with several difficulty first. However, we suggest that they should contact above said hospital first for further instruction from them.
If you have any further inquiry, please feel free to contact us.