Admit separation

November 16, 2013 19:37

On the afternoon of November 14, the National Assembly discussed in groups the draft Law on Marriage and Family (amended).

Chiều 14-11, Quốc hội thảo luận tại tổ về dự thảo dự án Luật hôn nhân và gia đình (sửa đổi).
On the afternoon of November 14, the National Assembly discussed in groups the draft Law on Marriage and Family (amended).

During the discussions, many controversies surrounding new issues of the law such as the legality of the separation regime, rights and obligations in surrogacy were dissected.

Separate to heal

Also attending the discussion session of the Ho Chi Minh City delegation, Mr. Duong Dang Hue, head of the editorial team of the Law on Marriage and Family (amended), informed: "This draft law is built on the principle of facing reality, not avoiding and solving the issue of marriage and family in the most humane way."

Mr. Hue cited the draft law that legally recognizes the status of separation. According to Mr. Hue, many people say that separation is giving deer a way to run, causing marriage to break up, but in fact, separation is a tool to protect marriage because after a period of separation, many couples decide to live together again.

In addition, according to Mr. Hue, when the law recognizes the status of separation, it means establishing the obligation of parents to provide support for their children during the separation process. This will better protect the rights of children because currently, when parents separate, there is nothing binding them to provide support for their children.

Delegate Tran Du Lich agreed with this view. Mr. Lich told two of the most memorable stories in his career as a lawyer: “The first story was a divorce case where the couple fought over a pair of slippers in court. The second story was a case where the husband went to work, the wife stayed home to raise the children, and when they divorced, the court calculated the wife’s benefits in the way that she received a monthly salary like a maid’s.”

Mr. Lich commented: “A very offensive way of behaving towards women. Many of our institutions take the family very lightly. The institution of separation is an issue that existed more than a century ago in the South. Recognizing separation is very important, it limits divorce. When separating, if they still have feelings, they will ask for the separation to be annulled and live again. There are statistics in countries around the world: countries with the institution of separation have a lower divorce rate than countries without it.”

Ensuring the rights of children born through surrogacy

Delegate Nguyen Thi Quyet Tam raised the issue: “I see that the law only cares about the rights of parents when regulating surrogacy. But what about the children born? We must protect the rights of the children born.” Ms. Tam further cited: “The draft mentions a number of risks, such as the party in need of surrogacy not wanting to accept the child, the surrogate not wanting to take care of the child...

From the perspective of a medical professional, delegate Pham Khanh Phong Lan said: “There is another medical risk. If a child is born healthy and beautiful, that is fine, but what if the child is born with a disability and no one wants to adopt him?”

Regarding this issue, Mr. Duong Dang Hue admitted that there are still many issues that the draft has not yet resolved, including the case of a surrogate mother who wants to have an abortion. "I agree that the law must be implemented thoroughly, minimizing the need to wait for guidance documents. However, due to limited knowledge, this is a new issue so it still needs to be improved," Mr. Hue said.

According to (TT)

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