11 babies rescued from Chinese-led surrogacy ring face uncertain legal fate

The Ministry of Public Security's Criminal Police Department in coordination with Ninh Binh Provincial Police in northern Vietnam recently dismantled a surrogacy network operated by a Chinese man identified as Wang, who remains at large, police announced on Aug. 9.

The police rescued 11 babies aged between nine days and three months old, they announced last week.

The operation involved recruiting healthy Vietnamese women and sending them to China or Cambodia for embryo implantation. Afterward, they were brought back to Vietnam to give birth. The babies were then issued birth certificates, underwent DNA testing, and completed procedures for the fathers to be legally recognized and receive travel documents.

The 11 babies rescued from a surrogacy ring led by a Chinese national at a shelter in Hanoi, August 2025. Photo by police

Each surrogate reportedly received between VND300–400 million (US$12,000–16,000) per child.

While similar operations have been uncovered in recent years, there has been little public information about the fate of the children rescued from such cases.

Legal ambiguity and child protection concerns

According to lawyer Dao Thi Bich Lien of Ha Hai & Associates, under the Ho Chi Minh City Bar Association, Vietnam, like many other countries, permits surrogacy only for humanitarian purposes. Commercial surrogacy is strictly prohibited under the law, which seeks to protect the rights and health of women and children and to prevent human trafficking and organ trading.

The Ninh Binh case, in which the 11 infants are now being cared for at the Peace House shelter run by the Vietnam Women's Union's Center for Women and Development in Hanoi, indicates a well-organized, profit-driven operation involving foreign actors.

Vietnamese law determines a child's legal status based on biological relationships and the child's best interests. Under the 2014 Law on Marriage and Family, the legal mother is defined as the woman who gives birth. However, in commercial surrogacy cases, DNA testing often reveals that the surrogate has no biological connection to the child, as embryos are created from donor eggs and sperm.

"In such cases, recognizing legal parentage must be approached with great care, ensuring the child's safety and long-term development, while avoiding risks of trafficking or exploitation," Lien said.

Despite these complications, Lien stressed that children's basic rights—such as birth registration, nationality, and identification of parents, ethnicity, and gender—remain protected under the 2016 Law on Children.

What happens next?

Lawyer Nguyen Huu The Trach, CEO of AN PHA NA Law Co., noted that once the suspects' criminal acts are fully clarified, the authorities will consider custody arrangements and potential reunification on a case-by-case basis.

If a Chinese couple later claims parental rights with valid DNA evidence, authorities must still verify the child's origin, circumstances of birth, and legality of the surrogacy. This includes reviewing medical records, birth documents, and the surrogate mother's background.

Under Article 102 of the 2014 Law on Civil Status, parentage determination is handled by the provincial Department of Justice. The process requires DNA results, legalized marriage and identity documents, and consent from the child's current guardian, if applicable.

"As this case involves foreign nationals and potential legal violations, resolution typically requires coordination between the Ministry of Public Security, Ministry of Justice, provincial justice departments, and diplomatic agencies. A child will only be 'handed over' after legal parentage is established and all related procedures are completed," Trach said.

If the child is determined to be a Vietnamese citizen, any transfer to foreign guardians must comply with the 2010 Law on Adoption and, if applicable, the Hague Convention on Intercountry Adoption.

"If no biological parents are identified, or if returning the child is deemed not in their best interest, they will be registered as Vietnamese and placed in a social protection facility or remain at Peace House. Adoption may be considered under Vietnamese law, with custody granted to qualified adoptive parents," Trach added.

Tricked into surrogacy: A cautionary tale

Despite strict legal barriers, commercial surrogacy continues to occur, especially in major cities. These operations raise ethical concerns and pose health and legal risks for both surrogate mothers and children.

Lawyer Lien cited a heartbreaking case where a Vietnamese woman was deceived into surrogacy by a Japanese couple.

"The couple couldn't conceive, so the husband returned to Vietnam and pretended to be in a romantic relationship with marriage intentions. After the child was born, he claimed he needed to take the baby to Japan to visit a dying relative," she recounted.

He then exploited the mother's lack of Japanese language skills to trick her into signing a document at the Japanese Consulate in Ho Chi Minh City, falsely acknowledging surrogacy and agreeing to surrender the child. Once abroad, all contact was severed.

"The child was shuffled between Japan, Taiwan, and other countries to avoid detection. For over a decade, Vietnamese lawyers have worked with authorities in multiple countries to secure custody or even visitation rights, but the mother has never seen her child again," Lien said.

"This is a rare and tragic case that inflicted lasting psychological trauma on both the mother and child. The mother's signature on the acknowledgment form remains a painful legal obstacle."