Conditions for hiring someone to carry out surrogacy

Legal situation:

I’m 24 years old and not married. I would like to ask that if I do not get married but want to hire someone to be a surrogate – this means that I will sign a surrogacy contract with a woman over 18 years of age, then copulate with that woman, and she will give birth to my child, is it illegal? How will I be handled if any?  Sincerely thank you.

Answer:

Based on the purpose of surrogacy, Law on Marriage and family has divided the concept of surrogacy into two types, which are surrogacy for humanitarian purposes and surrogacy for commercial purposes. These two concepts are defined as follows:

• Surrogacy for humanitarian purposes means a pregnancy carried voluntarily for non-commercial purposes by a woman for a couple of whom the wife is unable to carry a pregnancy and give birth even if assisted reproductive technology is applied. The voluntary gestational carrier is impregnated and gives birth through the transfer into her uterus of an embryo created by in vitro fertilization from the ovule of the wife and sperm of the husband.
• Surrogacy for commercial purposes means a pregnancy carried by a woman for another person through assisted reproductive technology for enjoying economic or other benefits.

Thus, to be considered as surrogacy for humanitarian purposes and permitted by law, the following conditions must be met:

(1) The surrogacy requester is a couple of whom the wife is unable to carry a pregnancy and give birth even if assisted reproductive technology is applied; and

(2) Pregnancy is a woman carrying out surrogacy voluntarily for non-commercial purposes.

In your case, the fact that you're still single and want to hire and pay to ask someone to carry out surrogacy is determined as the surrogacy for commercial purposes, which is a prohibited act under point g, clause 2 Article 5 of Law on Marriage and Family 2014.

Currently, depending on the nature, and offence, the act of surrogacy for commercial purposes will be administratively handled or be prosecuted for criminal liability. Specifically, according to Article 60 of Decree No. 82/2020/ND-CP, a fine ranging from VND 5,000,000 to VND 10,000,000 will be applied. Besides, it is subject to the remedial measure of being forced to submit unlawful profits from commercial surrogacy.

In addition, the act of organizing surrogacy for commercial purposes can be considered for criminal liability as prescribed in Article 187 of Criminal Code 2015 amended, supplemented 2017 with fines, community sentence (non-custodial), or 05 years’ imprisonment.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Hoàng Thúy Quỳnh – FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Ho Chi Minh City:

No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam