If my sister has not given birth, can she be a gestational carrier in Vietnam?

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Question date: 11/03/2023

I can't afford to have a baby right now, I want to ask my sister to be a gestational carrier. But now my sister is still unmarried and gives birth like that, is she allowed to be a gestational carrier in Vietnam?

    • If my sister has not given birth, can she be a gestational carrier in Vietnam?

      According to the provisions of Clause 3, Article 95 of the Law on Marriage and Family 2014, conditions for altruistic gestational surrogacy are as follows:

      3. A gestational carrier must fully satisfy the following conditions:

      a/ She is a next of kin of the same line of the wife or husband who asks for gestational surrogacy;

      b/ She has given birth and is permitted for gestational surrogacy only once;

      c/ She is at a suitable age and is certified by a competent health organization as eligible for gestational surrogacy;

      d/ In case she is married, she obtains her husband’s written consent;

      dd/ She has received health, legal and psychological counseling.

      Thus, according to the above provisions in Vietnam, the person who has not given birth will not be eligible for a gestational carrier request. Then you won't be able to ask your sister to be a surrogate mother.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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