Three new issues in the draft amendment to the Law on Marriage and Family.

(Baonghean) - In a recent press conference, the drafting committee for the Law amending and supplementing the Law on Marriage and Family announced that the Law on Marriage and Family will soon be supplemented with several articles, including three very new ones:

1. Abolish the regulation prohibiting same-sex marriage.

2. Going to court is not necessary if the couple agrees to a divorce.

3. Supplementing regulations on allowing surrogacy for humanitarian purposes.

All three points were considered by the drafting committee as a major step forward in awareness and a bold approach to new issues arising from life in the amended Law. Specifically, regarding same-sex marriage.

The drafting committee proposes abolishing the provisions in Clause 5, Article 10 of the current Law on Marriage and Family. Accordingly, the State does not declare recognition but also does not prohibit marriage between people of the same sex.

This means that same-sex couples can live together as husband and wife, and the State does not consider it illegal. These couples also have the same obligations and enjoy all the same legal provisions as heterosexual couples, without discrimination. Why does the law allow it, yet the State does not recognize it? This is a matter of changing perceptions and altering the age-old customs and traditions of the nation regarding marriage and family.

The State's caution is necessary to ensure that the changes are appropriate to the general level of understanding, avoiding public shock, and aligning with our current socio-economic development conditions. As everyone knows, out of nearly 200 countries worldwide, only 11 currently recognize same-sex marriage. Even in France, a country with such a developed civilization, this issue remains highly controversial and lacks public consensus.

And in the US, not all states currently have laws open to same-sex marriage. No country in Asia has yet recognized this issue in its laws. This shows that our amended Marriage and Family Law represents significant progress, far ahead of many other countries in addressing the issue of same-sex marriage. Our country has approximately 90 million people, with an estimated 3% being gay and transgender. This means that approximately 3 million people are not prohibited by law, meaning they are allowed to find partners and live together, freeing them from the constraints of old notions and helping them to be bold and confident in their pursuit of personal happiness. This affirms the humanitarian aspect of this amendment to the Law.

The amended Marriage and Family Law also addresses the issue of divorce between spouses by mutual consent, stating that it does not require a court hearing. Generally speaking, courts exist to resolve conflicts and disputes. If there are no conflicts or disputes between the husband and wife, then naturally there is no need to take them to court.

In cases where a couple agrees to a divorce, with no disputes over property or child custody, the divorce only requires reporting to the civil registry office in their place of residence. That's it! Isn't that too simple? Don't worry about it being too simple, because after a voluntary divorce, if further problems, conflicts, or disputes arise that require legal resolution, the court will handle it as a civil case between citizens. That being said, since the couple has agreed to a divorce without going to court, we can be sure they will know how to resolve their situation smoothly, without any complicated "post-divorce" issues!

When science impacts life, new problems arise! One new problem that needs legal attention is surrogacy. Surrogacy can be for humanitarian purposes, but it can also be for commercial purposes! The law also needs a discerning eye to distinguish between these two purposes within the same act. According to the Drafting Committee for the amendment of the Law, the Law will add provisions to support surrogacy for humanitarian purposes, while simultaneously enacting laws to prevent and deter surrogacy for commercial purposes.

This coming October, the amended and supplemented Law on Marriage and Family, along with its new provisions, will be discussed and passed at the National Assembly session. From now on, everyone should study the law carefully to contribute their valuable opinions before it comes into effect…

Thach Quy