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Surrogacy Insights


Surrogacy in Vietnam is subject to strict regulation, particularly since the amendment of the Marriage and Family Law in 2015, which permits only non-commercial surrogacy among close relatives.


The law mandates “voluntary and altruistic surrogacy” with conditions ensuring the welfare of all parties involved.  Only residents are eligible, with the surrogate limited to one journey, and must be related to the intended parent.  The intended parent must be married, and childless, and the intended mother must prove her inability to carry a pregnancy.  Moreover, the intended parents must be related to the child. Surrogates undergo thorough assessments and counseling, ensuring compliance with assisted reproductive technology laws.



Occasionally there are rumours of commercial surrogacy operating in Vietnam.    In April 2021, police in northern Vietnam arrested two women for allegedly connecting intended parents and surrogates for commercial purposes.   It is illegal to participate in surrogacy in contravention of their existing surrogacy laws. 




Future Legal Developments


  • At present, there is no available information regarding any forthcoming legislation.


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