How are surrogacy organizations for commercial purposes handled under Vietnamese law?
Surrogacy for humanitarian purposes is a deeply humane act. However, in reality, there have been a number of lines specializing in organizing surrogacy to make money. So how are surrogacy organizations for commercial purposes handled? To better understand this, today, LSX Lawfirm will give you an article about “How are surrogacy organizations for commercial purposes handled under Vietnamese law?”, as follows:
Legal grounds
Penal Code 2015 was amended and supplemented in 2017
What is surrogacy?
Surrogacy under the Law on Marriage and Family 2014 includes surrogacy for humanitarian purposes and surrogacy for commercial purposes.
– Then Surrogacy for humanitarian purposes is a woman’s voluntary, non-commercial use to help get pregnant for a couple whose wife is unable to conceive and give birth even with assisted technology. fertility, by taking the wife’s ovum and the husband’s sperm for in vitro fertilization, and then implanting it in the uterus of a woman who voluntarily becomes pregnant so that she becomes pregnant and gives birth.
So Surrogacy for commercial purposes is a woman’s pregnancy for another person by applying assisted reproductive technology for economic or other benefits.
How is surrogacy for commercial purposes understood?
According to the Law on Marriage and Family 2014, it can be understood:
Commercial surrogacy is a woman’s pregnancy for another person using assisted reproductive technology for economic or other benefits.
How are surrogacy organizations for commercial purposes handled?
Main penalty
A fine of between VND 50,000,000 and 200,000,000, non-custodial reform for up to 2 years of imprisonment from 3 months to 2 years
Penalties apply to people who organize surrogacy for commercial purposes.
Imprisonment from 1 year to 5 years
Penalties will be imposed on those who organize surrogacy for commercial purposes in the following cases:
- For 02 people or more;
- Committing the crime twice or more;
- Taking advantage of the name of an agency or organization;
- Dangerous recidivism.
- The decision on punishment when committing the crime of surrogacy for commercial purposes also depends on many other factors, not just the cases specified above.
For example, whether the offender has aggravating or mitigating circumstances as prescribed in Articles 51 and 52 of the 2015 Penal Code, amended and supplemented in 2017.
Additional Penalties
In addition to the main penalty, the offender may also be subject to a fine of between VND 10,000,000 and 50,000,000, a ban from holding certain posts, practicing certain professions, or doing certain jobs for 1 to 5 years.
Constituting the crime of organizing surrogacy for commercial purposes
Crime subject
The subject of this crime is an ordinary subject, which can be any person who reaches the legal age (from full 14 years of age or older) and has criminal capacity.
The object of the crime of organizing surrogacy for commercial purposes
This crime violates the state management of reproduction by technical methods and the humanity of the act of surrogacy.
The subjective side of organizing surrogacy for commercial purposes
The offender’s fault is a direct intentional fault, the offender knows that his/her act is dangerous to society but still wishes to commit this act.
The mark of purpose is a mandatory crime for this type of crime. The offender’s purpose must be commercial, to gain economic or other benefits for himself.
The objective side is to organize surrogacy for commercial purposes
The act of objective side of this crime is the act of organizing surrogacy.
The act of organizing surrogacy is an act consisting of a combination of many different acts from creating conditions for parties wishing to surrogacy to meet, exchange, discuss, arrange, facilitate and support in means for the parties to carry out the surrogacy.
The ultimate goal of the person performing the act is for commercial purposes. In the chain of acts of organizing surrogacy, the consequence of this behavior is that the participants achieving the purpose of pregnancy is not a determining factor in the prosecution of criminal responsibility against the organizer.
Constituting a crime for the crime of organizing surrogacy is constituting a formality. Consequences are the basis for clearly defining criminal liability, not considered as a basis for pursuing criminal liability of the organizer.
When considering to determine a crime, it is necessary to carefully consider the signs that constitute a crime. If the above factors not met, they will not be subject to the penalties; specified in Article 187 of the 2015 Penal Code, amended and supplemented in 2017.
Conditions for surrogacy for humanitarian purposes
Article 95 of the Law on Marriage and Family 2014 stipulates the following conditions for surrogacy for humanitarian purposes:
1. The surrogacy for humanitarian purposes must done on a voluntary basis by the parties and in writing.
2. Husband and wife have the right to ask a surrogate mother when the following conditions fully satisfied:
a) There is a certification by a competent medical organization; that the wife cannot become pregnant and give birth even when assisted reproductive techniques applied;
b) Husband and wife do not have children in common then;
c) Have received medical, legal and psychological counseling then.
3. The person asked for surrogacy must fully meet the following conditions:
a) Being a relative of the same line of the wife or husband’s side asking for surrogacy;
b) Has given birth to a child and only allowed to be a surrogate once;
c) Being of appropriate age and certified by a competent medical organization on the possibility of surrogacy then;
d) In case the surrogate woman has a husband, the husband’s written consent required;
d) Have received medical, legal and psychological counseling.
4. Surrogacy for humanitarian purposes must not be contrary to the law on childbirth by assisted reproductive technology.
And
This has detailed in Decree No. 10/2015/ND-CP dated January 28, 2015 regulating childbirth by in vitro fertilization and conditions for surrogacy for humanitarian purposes then. Decree No. 10). When a couple, after a year of marriage, have sex on average 2-3 times a week, do not use contraception but the wife is still not pregnant, it can considered infertile (Clause 2, Article 2, Decree 10) then. Infertile couples who want to ask for surrogacy must send a dossier of application for the technique of surrogacy for humanitarian purposes to a medical examination and treatment facility authorized to perform this technique.
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Related questions
Article 90 of the Law on Marriage and Family 2014: Children have the right to recognize their parents, even in cases where the father or mother is dead. The child is an adult to accept the father, without the consent of the mother; accept the mother, without the consent of the father.
In case a child is born by the wife or becomes pregnant during the marriage period but the spouse does not recognize it as a common child or another person wants to adopt the child, it shall be determined by the People’s Court in accordance with the law.
In case a man and woman live together as husband and wife, do not register their marriage or give birth, and the child lives with the father, when the father carries out the procedures to receive the child but cannot contact the mother, there is no need to have a marriage certificate. the mother’s opinion in the declaration of registration of father, mother and child recognition.
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