Surrogate mothers allowed in Vietnam for humanitarian reasons

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Vietnam's recently amended Marriage and Family Law has allowed surrogate mothers for humanitarian purposes, which is believed to bring hope to many Vietnamese women who are incapable of child bearing.

The 39-year-old Nguyen Huy Thuc and his wife Le Huyen, both residents in capital Hanoi, told Xinhua that they were so glad to hear the news. "We have been married for over nine years, during which time my wife had been pregnant many times, but each time she could hold the fetus for three months at most," Thuc said, adding that they had to consult the doctors to solve the problem, but without any result.

Huyen, now 35, who is a teacher at a primary school in Hanoi, said she tried to apply some assisted reproductive methods, including the artificial insemination, a method of inducing pregnancy by injecting her husband's sperm into her womb. While in treatment, she strictly followed the doctors' advice and care, but she could not stay long enough until giving birth to a child. The doctors said there is something wrong with her endocrine glands.

Thuc said as he was the only child in his family, his parents worried a lot about his wife's late child bearing. Many times, his wife suggested him to get divorce, but he refused.

However, with time passing by, and as they grow older, the couple felt so depressed.

Huyen recalled that years ago her cousin who is at the same age as her and who already had a daughter told her that she was ready to help"without any condition."Since surrogacy is not allowed in Vietnam and the plan met with strong opposition from her relatives, she dared not accept the offer. "But now, my husband and I can re-think about my cousin's offer to become surrogate mother for my would-be child,"Huyen said, adding that she will prepare very carefully all necessary documents before implementing the plan.

According to Vietnam's amended marriage and family law, legal surrogate pregnancy for humanitarian purposes, effective from January 2015, must be based on a voluntary basis of relevant parties clarifying clearly in notarized written document, and should not be contrary to other provisions relating birth by assisted reproductive technology.

The intended parents must have a verification of competent medical organization that medical issues make pregnancy not possible even by assisted reproductive technology, and the couple has no child. Besides, the surrogate mother must be relative of the intended parents, which is for prevention of commercialization of surrogacy. She is the one who used to give birth and is allowed to carry surrogacy once.

Dr Nguyen Viet Tien, deputy minister of health and director of the Vietnam Central Obstetrics Hospital in Hanoi, said that surrogacy is a medical advance that can make women's dream of being a mother become true. In its true sense, surrogacy is of humanitarian meaning.

Dr. Hoang Thi Diem Tuyet, head of the department reserved for women who meet with difficulties in child-bearing at the Tu Du Hospital in HCM City, said that she supported legal surrogacy on condition that both the legal mother and surrogate mother have to obey procedures defined by the law, and under doctors'strict medical consultancy.

According to Vietnam's amended marriage and family law, legal surrogate pregnancy for humanitarian purposes, effective from January 2015, must be based on a voluntary basis of relevant parties clarifying clearly in notarized written document, and should not be contrary to other provisions relating birth by assisted reproductive technology. "Surrogacy is a double-edged knife -- on the one hand it supports the women to enjoy their legitimate right of being a mother, but on the other hand it can hurt them if it is misused for commercial purposes,"said the expert, adding that relevant agencies should cooperate closely in monitoring the required procedures for surrogacy.

Marriage age in Vietnam is defined to be above 20 years old for men, and 18 years old for women. Mothers have a six-month birth leave with full salary and medical insurance paid.