Criminal legal aspects of surrogacy for commercial purposes—Case of Vietnam

Surrogacy has opened new doors for many people who need children but are infertile or unable to have children. Through modern scientific technology, couples or mothers can find women to ask them to be surrogates using their eggs or sperm. The nature of surrogacy is reproductive support, but the complexity of the surrogacy procedure causes a lot of controversy not only in the field of criminal law but also regarding its implementation in practice. The article uses qualitative analysis to study current commercial surrogacy formulas. The main goal of this study is to clarify the legal aspects of commercial surrogacy in the world and in Vietnam. The article also concludes that Vietnam and other countries need to agree or develop common principles to avoid cross-border surrogacy as well as establish legal tools to prevent surrogacy for sexual purposes trade to protect human rights and prevent child trafficking.