Ministry of Health guides the issuance of birth certificates for surrogate mothers

Hà Lê |

The Ministry of Health tightens the issuance of birth certificates, especially for children born from surrogate mothers. In case the information cannot be verified or is incorrect, the certificate will be refused.

The Ministry of Health issued Circular 22/2025/TT-BYT regulating the issuance and use of birth certificates. This Circular stipulates the form, authority and procedures for granting and re-issuing birth certificates.

Issuing birth certificates at medical facilities

In case the child is born at a medical examination and treatment facility, this unit is responsible for issuing a birth certificate according to form No. 01 before the child leaves the facility or earlier as requested by relatives.

Children born outside medical facilities

If the child is born outside a medical facility but is examined, treated by a practitioner or a village or hamlet health worker or midwife for delivery, within 30 days from the date of the child's birth, the relative must submit a request for a birth certificate with the mother's valid identification documents for comparison. Within 5 working days from the date of receipt of the application, the medical facility where the midwife is managed must verify information about the midwife, mother and newborn, then issue a birth certificate. In case of failure to verify or inaccurate information, the certificate will be refused.

Children born from surrogacy

For children born through surrogacy, the procedures are clearly regulated for each case:

If the child is born at the same medical facility performing surrogacy techniques, this facility will issue a birth certificate according to form No. 02 before the child is discharged from the hospital or earlier when requested.

If the child is born at another medical facility, the surrogate mother or the surrogate mother must submit a confirmation of the practice of surrogacy for humanitarian purposes, along with the mother's identification documents. Within 3 working days from the date of receipt of the complete application, the facility where the child was born must issue a birth certificate according to regulations.

Children die before being discharged from the hospital

For children born to live at medical examination and treatment facilities but who die before being discharged from the hospital, the medical facility will issue a birth certificate in advance, then issue a death certificate according to regulations.

The birth certificate is made in 2 copies with the same legal value, one copy given to relatives, one copy kept at a medical facility. In the case of twins or multiple pregnancy, each child is issued a separate birth certificate with a different registration number.

The new Circular of the Ministry of Health is expected to ensure the issuance of transparent and accurate birth certificates, meeting the requirements of population management and the rights of newborns, especially in special cases such as surrogacy.

Hà Lê
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