Is commercial surrogacy subject to criminal prosecution?
(Baonghean.vn) - According to the law, commercial surrogacy is considered a violation of the law. So, is commercial surrogacy subject to criminal prosecution? This is a question of concern for Ms. Nguyen Thi Hong (Yen Thanh, Nghe An).
Reply:With the aim of helping women who cannot conceive but wish to become mothers, the 2014 Marriage and Family Law recognized surrogacy for humanitarian purposes as legal. However, commercial surrogacy is prohibited and subject to criminal prosecution.
According to Article 187 of the 2015 Penal Code, as amended and supplemented in 2017, there are two main penalty ranges and one additional penalty for those who commit the crime of organizing commercial surrogacy as follows:
Main penalties: Fines ranging from VND 50,000,000 to VND 200,000,000, non-custodial correctional sentences from 3 months to 2 years, or imprisonment from 3 months to 2 years for those organizing commercial surrogacy.
Imprisonment from 1 to 5 years shall be imposed on offenders falling under one of the following circumstances: two or more people committing the act; committing the crime two or more times; abusing the name of an agency or organization; dangerous recidivism.
Additional penalties: Offenders may also be fined from VND 10,000,000 to VND 50,000,000, prohibited from holding office, or prohibited from practicing a certain profession or doing a certain job for 1 to 5 years.
