베트남 체외수정 및 대리출산 법제 개관 — 베트남 2014년 ‘혼인과 가족법’을 중심으로 —

The current Vietnamese Law on Marriage and Family(hereinafter “the Law”) was passed on June 19, 2014, by the National Assembly of the Socialist Republic of Vietnam. Instead of forbidding all types of gestational surrogacy, the Law recognizes and permits giving birth through in vitro fertilization and altruistic gestational surrogacy. But the giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection and cloning are prohibited. Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing. The Law has stipulated Conditions for altruistic gestational surrogacy. Husband and wife have the right to ask for a person’s gestational surrogacy when they fully meet the following conditions: (1) The wife is certified by a competent health organization as unable to carry a pregnancy and give birth even with assisted reproductive technology, (2) The couple has no common child, (3) The couple has received health, legal and psychological counseling. A gestational carrier must fully satisfy the following conditions: (1) She is a next of kin of the same line of the wife or husband who asks for gestational surrogacy, (2) She has given birth and is permitted for gestational surrogacy only once, (3) She is at a suitable age and is certified by a competent health organization as eligible for gestational surrogacy (4) In case she is married, she obtains her husband’s written consent, (5) She has received health, legal and psychological counseling. A child born in case of altruistic gestational surrogacy is the common child of the husband and wife who ask for such gestational surrogacy from the time this child is born.