Surrogacy is legally for humanitarian purposes in Vietnam

Vietnamese law on marriage and family 2014 officially was adopted and will take effect from 01 January 2015, in which, the most striking point is that surrogacy is legally for humanitarian purposesin Vietnam.

Surrogacy is legally for humanitarian purposes in Vietnam

Vietnamese law on marriage and family 2014 allows surrogacy for humanitarian purposes in Vietnam. The surrogacy is applied only when there is sufficient following conditions:

1 The surrogacy for humanitarian purposes must be done on a voluntary basis by the parties and shall be made in writing.
2 Spouses have the right to ask for surrogacy when satisfying all the following conditions:
a) certified by the competent health authorities about the wife does not get pregnant and give birth even applying assistance reproduction techniques;
b) Spouses have no common child;
c) Has been advised of the medical, legal, psychological matters.
3 Surrogate mother must satisfy the following conditions:
a) Being a relative of the same ranks of the wife or husband;
b) Had given a birth and being surrogate mother only once occasion; 
c) At an appropriate age and certified by the competent health authorities about the possibility of surrogacy;
d) In case of surrogate mother who gets married, her husband must have the written consent;
e) Has been advised of the medical, legal, psychological matters.
4. Surrogacy for humanitarian purposes is not contrary to the provisions of the law on birth by assisted reproductive techniques.
5 The Government shall detail this Article.

In addition, Vietnamese law on marriage and family 2014 has major new provisions:

First, the age of marriage of girls is raised from full 18 years old (other than as before it was full 17 years or older). Thus, age at marriage would be between full age of 18 or more for women and full age of 20 or older for men.

Second, regulation on property regime of the spouses by agreement. The agreement must be in writing, notarized or certified prior to marriage date. This agreement can be changed after marriage date.

Third, when divorce, common property division is taken into account factor "faults of each party in violation of the rights and obligations of husband and wife" (Point d, Clause 2, Article 59).

In addition to above contents, Law on marriage and family 2014 also added a number of provisions on how to solve problems on the property, and contractual obligations of the parties when the men and women living together as husband and wife without marriage registration and regulations on children by the wife during pregnancy was legalized marriage. Children born within 300 days after the date of termination of the marriage are considered by pregnant wife during marriage.
                                     
Another controversial issue - same-sex marriage – was rejected from the amended Marriage and Family Law because. According to the National Assembly Standing Committee, cohabitation between two people of the same sex is not considered marriage so this issue is not under the scope of the bill.

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