VIET NAM

 

Vietnam is the first country in the Southeast Asian region to introduce legislation to regulate surrogacy. The Vietnamese approach to surrogacy is regulated, allowing only intra-family surrogacy and prohibiting commercial practices. As in all countries where surrogacy is altruistic and regulated, there are deviations from the rules, with people seeking to circumvent the regulations for profit.

 

In Vietnam, current laws prohibit commercial surrogacy and, since 2015, have restricted surrogacy to intra-family situations. Even if surrogacy is only intra-family, this does not change the fact that it should be banned. It is a procedure that puts the surrogate and her newborn child at psychological and physical risk.

 

Regulated surrogacy, continued exploitation

 

In 2003, surrogacy was completely illegal in all cases in Vietnam, largely due to deeply ingrained beliefs in Vietnamese society. [1] The mother-child relationship that develops during pregnancy is highly valued, leading to strong opposition to the practice of surrogacy. In addition, the potential exploitation of surrogate mothers was a major concern at the time. Although surrogacy was banned in Vietnam during this period, several agencies illegally provided reproductive donation services for commercial purposes.[2]

 

Since 2015, intra-family surrogacy between close relatives has been legal in Vietnam, following amendments to the Marriage and Family Law the previous year. To be eligible, a married couple has the right to apply for surrogacy for one person if they meet the following conditions:

  • The woman has been examined by a competent health authority and it has been determined that she is unable to carry a pregnancy to term or to give birth, even with the help of assisted reproductive technology,
  • The couple has no offspring together,
  • Both partners have received medical, legal and psychological advice.

 

In addition, the surrogate mother must meet the following criteria:

  • She must be a close relative of the man or woman requesting the surrogacy,
  • She must have given birth before and may only be a surrogate once,
  • She must be of the required age and be deemed fit to be a surrogate mother by a competent health authority,
  • If she is married, she must have the written consent of her husband,
  • She must have received medical, legal and psychological advice before becoming a surrogate.[3]

 

It’s important to note that despite the illegality of commercial surrogacy, the practice has not disappeared in Vietnam. In fact, many childless couples are stigmatised in Vietnamese society and are desperate to access this option to start a family.

 

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Cultural pressures in Vietnam regarding motherhood and the importance of having children can create a hostile environment for couples who are unable to conceive. This stigma can cause deep emotional and social distress for those who want to start a family but find it difficult to do so. What’s more, these pressures can lead some couples to resort to extreme solutions, such as surrogacy, in order to meet the expectations of society and the family.[4]

The stigmatisation of childless couples can also perpetuate the deeply imitative and patriarchal idea that a woman’s value is linked solely to her reproductive capacity.

 

Due to the weight of cultural representations, the use of intrafamilial surrogacy remains a minority compared to the use of IVF in Vietnam.[5] Vietnamese doctor Dr Tuong M. Ho reports only about ten cases of FAM per year at his hospital, out of around 50,000 IVF procedures per year.[6] Similarly, in 2023, IVF was practised in 50 medical facilities in the country, compared to 6 for surrogacy.

 

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In summary, the regulation of surrogacy in Vietnam reflects a complex interplay between ethical, social and legal considerations. Although the country’s approach tends towards intra-family surrogacy, with specific restrictions and a detailed legal framework, significant challenges remain.

 

The risks of exploitation, for both surrogates and newborns, raise fundamental concerns about the practice of surrogacy, even in its intra-family form. The stigmatisation of childless couples in Vietnamese society fuels the demand for surrogacy, underlining the need to address the entrenched cultural norms that contribute to this pressure.

 

It is important to analyse the apparent contradiction between Vietnam’s initial position on surrogacy in 2003 and its legislative change in 2015. In 2003, surrogacy was strictly prohibited in the country due to a deeply held belief in the importance of the mother-child relationship, particularly the bond formed during pregnancy. This belief was widespread in Vietnamese society and led to strong opposition to the practice of surrogacy.

 

In 2015, however, an important change came with the legalisation of surrogacy, but only in its intra-family form and with one important condition: the surrogate mother must be related to the intended parents. This measure reflects a concern to preserve the emotional bond between surrogate mother and child, based on a belief in the strength of family ties. From this point of view, the relationship between the surrogate mother and the child is considered to be stronger than the relationship between the biological mother and the child conceived from a donor egg.

 

As in all countries where surrogacy is altruistic and regulated, there are deviations from the rules, with people seeking to circumvent the regulations for profit. The press regularly reports the existence of illegal surrogacy networks in Vietnam, exploiting vulnerable women, often from minority groups. Trafficking of Vietnamese women to China and child trafficking are also widespread.[7]

 

In 2024, the Director of the Department of Maternal and Child Health at the Ministry of Health, Dinh Van Tuan, confirmed the existence of illegal activities, including trade in sperm, eggs and surrogacy services, against the backdrop of the increasing use of in vitro fertilisation in Vietnam.[8]

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[1] Hibino, Y. (2018). Non-commercial surrogacy among close relatives in Vietnam: policy and ethical implications. Human Fertility, 22(4), 273-276. https://doi.org/10.1080/14647273.2018.1461936

[2] Hibino, Y. (2014). Implications of the legalization of non-commercial surrogacy for local kinship and motherhood in Vietnamese society. Reproductive BioMedicine Online, 30(2), 113-114. https://doi.org/10.1016/j.rbmo.2014.10.015

[3] https://thuvienphapluat.vn/van-ban/EN/The-thao-Y-te/Decree-No-10-2015-ND-CP-on-giving-birth-through-in-vitro-fertilization/273500/tieng-anh.aspx

[4]https://www.ncronline.org/news/world/married-childless-women-vietnam-carry-burdens-prejudices-church-law

[5] https://lepetitjournal.com/ho-chi-minh/sante/pratique-fecondation-vitro-fiv-vietnam-361786

[6] ibid.

[7]https://vietnamnews.vn/society/570680/ethnic-minority-people-vulnerable-to-illegal-surrogacy-trade.html

[8]https://vietnamnet.vn/en/health-official-confirms-illegal-trade-in-eggs-sperm-and-surrogacy-in-vietnam-2320741.html

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