Maternity benefits for female workers through surrogacy

Office of Legal Consulting Lao Dong Newspaper replied:

Article 55 of the Law on Social Insurance 2024 stipulates the maternity regime for female employees using surrogacy as follows:

Female employees who are surrogate mothers and have paid compulsory social insurance for at least 6 months within 12 months up to the time of receiving the child are entitled to maternity benefits as follows:

1. Maternity leave from the time of receiving the child until the child is 6 months old. In case of twins or more, an additional 1 month of leave is given for each child, starting from the second child onwards.

In case a female employee who is a surrogate mother does not take time off work, in addition to her salary, she will also receive maternity benefits according to regulations;

2. In case the female employee who is a surrogate mother dies or is confirmed by a medical facility to be unfit to care for the child when the child is under 6 months old, the husband of the female employee who is a surrogate mother or the person directly raising the child shall be entitled to take maternity leave to care for the child for the remaining time of the female employee who is a surrogate mother according to the provisions of Clause 1 of this Article.

In case the husband of a female employee who is a surrogate mother or the person directly raising the child is participating in compulsory social insurance but does not take time off work, in addition to the salary, the female employee is also entitled to maternity allowance for the remaining time of the surrogate mother as prescribed in Clause 1 of this Article.

Thus, the maternity regime of female workers through surrogacy is regulated as above.