Chương V Nghị định 10/2015/NĐ-CP: Điều kiện mang thai hộ vì mục đích nhân đạo

Chapter V

CONDITIONS FOR ALTRUISTIC GESTATIONAL SURROGACY

Article 13. Medical examination and treatment establishments permitted to perform altruistic gestational surrogacy

1. Conditions for a medical examination and treatment establishment to perform altruistic gestational surrogacy:

a/ It has performed in vitro fertilization for at least 1 (one) year with the number of in vitro fertilization cycles totaling at least 300 in a year;

b/ It has not violated the law on medical examination and treatment regarding application of in vitro fertilization;

c/ It meets people’s needs and ensure convenience for them.

2. Medical examination and treatment establishments currently eligible to perform altruistic gestational surrogacy:

a/ The National Hospital of Obstetrics and Gynecology;

b/ Hue Central General Hospital;

c/ Ho Chi Minh City Tu Du Obstetrics Hospital.

3. After 1 (one) year of implementing this Decree, based on the conditions prescribed in Clause 1 of this Article, the Minister of Health shall add Ministry of Health-recognized medical examination and treatment establishments eligible to perform in vitro fertilization which are permitted to perform altruistic gestational surrogacy apart from the three hospitals specified in Clause 2 of this Article.

Article 14. Dossiers of application for altruistic gestational surrogacy

1. An infertile couple shall send a dossier of application for altruistic gestational surrogacy to a medical examination and treatment establishment permitted to perform this technology, comprising:

a/ An application for altruistic gestational surrogacy made according to Form No. 4 promulgated together with this Decree (not translated)-,

b/ A written commitment to altruistic gestational surrogacy made according to Form No. 5 promulgated together with this Decree (not translated)-,

c/ Written undertaking of the gestational surrogate that she has not carried gestational surrogacy before;

d/ Written certification that the gestational suưogacy-requesting couple has no common child yet, made by the commune-level People’s Committee of the locality where the couple permanently resides;

dd/ Written certification by a medical examination and treatment establishment eligible to perform in vitro fertilization that the wife suffers a disease which likely threatens her health and life as well as the fetus health if she carries a pregnancy or that she is unable to carry a pregnancy and give birth even with assisted reproductive technology;

e/ Written certification by a medical examination and treatment establishment eligible to perform in vitro fertilization that the gestational suưogate is eligible to carry a pregnancy, meets requirements for an embryo recipient prescribed in Clause 4, Article 5 of this Decree, and has given birth before;

g/ Written certification by the commune-level People’s Committee, or the gestational surrogate’s or gestational surrogacy-requesting person’s proof, of the relationship of next of kin of the same line on the basis of relevant civil status papers the truthfulness of which the gestational surrogate or gestational surrogacy-requesting person shall take responsibility before law for;

h/ Written consent to the gestational surrogacy by the husband of the gestational surrogate (in case this woman is married);

i/ Written certification of health counseling contents by an obstetrics doctor;

k/ Written certification of psychological counseling contents by a person with a bachelor or higher degree in psychology;

l/ Written certification of legal counseling contents by a lawyer or legal assistant;

m/ Written agreement on altruistic gestational surrogacy between the gestational surrogacy-requesting couple and the gestational surrogate made according to Form No. 6 promulgated together with this Decree (not translated).

2. Within 30 days after receiving a complete dossier as prescribed in Clause 1 of this Article, an establishment permitted to perform gestational surrogacy shall adopt a treatment plan on the gestational surrogacy. In case unable to perform this technology, it shall issue a written reply clearly stating the reason.

Article 15. Health counseling contents

1. A gestational surrogacy-requesting couple should be counseled on the following contents:

a/ Options other than gestational surrogacy or child adoption;

b/ The process of in vitro fertilization and gestational surrogacy;

c/ Difficulties of gestational surrogacy;

d/ The very low success rate for gestational surrogacy if the wife’s ovarian reserve is low or she is over 35;

dd/ High treatment costs;

e/ Possibility of multiple births;

g/ Possibility of embryo defects leading to forced abortion;

h/ Other related contents.

2. A gestational surrogate should be counseled on the followings:

a/ Possible risks and incidents of pregnancy such as miscarriage, ectopic pregnancy, postpartum hemorrhage and other incidents;

b/ Possibility of cesarean section;

c/ Possibility of multiple births;

d/ Possibility of embryo defects leading to forced abortion;

dd/ Other related contents.

Article 16. Legal counseling contents

1. Identification of parents and child in case of altruistic gestational surrogacy prescribed in Article 94 of the Law on Marriage and Family.

2. Rights and obligations of the altruistic gestational surrogate prescribed in Article 97 of the Law on Marriage and Family.

3. Rights and obligations of the altruistic gestational surrogacy-requesting party prescribed in Article 98 of the Law on Marriage and Family.

4. Other related contents.

Article 17. Psychological counseling contents

1. A gestational surrogacy-requesting couple should be counseled on the followings:

a/ Short- and long-term psychological issues of gestational surrogacy, relatives and the child;

b/ The gestational surrogate might intend to keep the child after giving birth;

c/ Behaviors and habits of the gestational surrogate might affect the child’s health;

d/ Psychology and emotion when asking a person to carry a pregnancy and give birth;

dd/ Failures and costs of gestational surrogacy treatments might cause stress and exhaustion;

e/ Other related contents.

2. A gestational surrogate should be counseled on the followings:

a/ Psychology and emotion of family members and friends during the time she carries the pregnancy;

b/ Psychological liability toward the gestational surrogacy-requesting couple in case of miscarriage;

c/ Psychological impacts on her natural children;

d/ Feeling of loss and complex after delivering the child to the gestational surrogacy- requesting couple;

dd/ The main motive for carrying the pregnancy is the willing to help the gestational surrogacy requesting couple, not for profit;

e/ Other related contents.

Article 18. Responsibility for health, legal and psychological counseling

1. Medical examination and treatment establishments permitted to perform gestational surrogacy shall provide health, legal and psychological counseling for gestational surrogacy- requesting couples and gestational surrogates.

2. When a gestational surrogacy-requesting couple or gestational surrogate has one of the following written certifications, a medical examination and treatment establishment permitted to perform gestational surrogacy is not required to counsel on the matter for which the written certification is available:

a/ Written certification of health counseling contents by a doctor working at a medical examination and treatment establishment recognized by the Ministry of Health to be eligible to perform in vitro fertilization;

b/ Written certification of psychological counseling contents by a person competent and responsible to provide psychological counseling who works at a licensed psychological counseling establishment;

c/ Written certification of legal counseling contents by a person competent and responsible to provide legal counseling who works at a legal assistance and counseling organization having the legal person status.

3. A health counselor must be an obstetrics doctor and shall counsel all the contents specified in Article 15 of this Decree. A legal counselor must hold a bachelor or higher degree in law and shall counsel all the contents specified in Article 16 of this Decree. A psychological counselor must hold a bachelor or higher degree in psychology and shall counsel all the contents specified in Article 17 of this Decree.

4. A health, legal or psychological counselor shall sign and clearly write his/her full name, title, working address and date of counseling on the written certification of counseling contents and take responsibility before law for his/her certification.

Article 19. Responsibilities of medical examination and treatment establishments permitted to perform gestational surrogacy

1. To consider and examine the legality of dossiers of application for gestational surrogacy. When necessary, to check the originals and request other relevant papers and hold face-to-face interviews, or request assistance from public security agencies.

2. To take responsibility for the legality of dossiers and for professional operations and technologies performed by them.

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