Since Vietnam’s Law on Marriage and Family 2014 took effect, it has promoted positive effects in regulating this social relationship [1]. Allowing legal couples to use a surrogate mother when they meet the legal requirements has provided an opportunity for couples who cannot have a child naturally, even when using reproductive support techniques to have children with the same bloodline. However, after eight years of implementation, the regulations on surrogacy for humanitarian purposes recorded in Vietnam’s Law on Marriage and Family 2014 still reveal many limitations, particularly regarding synchronisation with existing related legal regulations [1]. Among these, issues such as the conflict with divorce provisions in the Law on Marriage and Family Act
the protection of the right to life of children born from surrogacy in the Criminal Code 2015 [2] (amended and supplemented in 2017)
protecting the legal rights of the surrogate mother and the intended mother in the Law on Social Insurance 2014 [3], and the right to adopt children in the Law on Adoption 2010 [4] have not yet been properly resolved. Realising the contradictions in the regulations on the aforementioned issues, the author analyses and clarifies the inadequacies between the provisions of Vietnam’s Law on Marriage and Family 2014 [1] and the relevant legal documents concerning surrogacy in general and surrogacy for humanitarian purposes in particular. Specific recommendations were proposed to improve Vietnamese legislation regulating surrogacy, a newly emerged social issue.