Surrogacy in Vietnam: The Risks of the Black Market and Restrictive Laws Artwork

Australian Family and Fertility Law

Join Award-Winning Family & Surrogacy Lawyers, Bruce Provan and Stephen Page who interviews lawyers, doctors, counsellors, parents, surrogates, scientists, donors and others who are the moving parts bringing together the ability to form families through surrogacy, and when families fall apart. Interviewees talk about their personal journeys through life, leading to their passion in their respective fields.

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Australian Family and Fertility Law

Surrogacy in Vietnam: The Risks of the Black Market and Restrictive Laws

May 23, 2026 • Stephen Page

0:00 | 3:47

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Vietnam stands out in Asia as a country that has formalised surrogacy laws, yet those laws are among the most restrictive in the world. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page delves into the complexities of the Vietnamese system and the dangers awaiting those who try to bypass it.

Stephen explains that while the law allows for intrafamily surrogacy for heterosexual couples, it remains closed to singles and the LGBTQ+ community. He addresses a common question: can Australians of Vietnamese origin return to their birth country for surrogacy? The answer is complex and requires strict adherence to intrafamily criteria and prior government approval. Furthermore, Stephen shares a cautionary tale of the "black market" and the "mess" that ensues when intended parents act out of ignorance, resulting in children being stuck in Vietnam without clear paths to citizenship. This episode is a vital resource for ensuring your surrogacy journey is ethical, legal, and successful.

In This Episode:

The specific restrictions of surrogacy law in a communist jurisdiction.
Why intrafamily, altruistic surrogacy is the only legal pathway in Vietnam.
Eligibility hurdles for heterosexual couples, singles, and the LGBTQ+ community.
The legal standing of Australians with Vietnamese heritage.
Warning signs of the surrogacy black market and "slick marketing" traps.
The logistical and financial nightmare of children being stuck overseas.
The necessity of dual-jurisdiction legal advice (Australia and Vietnam).
How the Department of Home Affairs handles citizenship by descent in these cases.

For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/

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