Decree 207/2025/ND-CP on giving birth with assisted reproductive technology and conditions for altruistic gestational surrogacy

DECREE

On giving birth with assisted reproductive technology and conditions for altruistic gestational surrogacy

Pursuant to Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Marriage and Family No. 52/2014/QH13;

Pursuant to the Law on Donation, Removal and Transplantation of Human Tissues and Organs and Donation and Recovery of Cadavers No. 75/2006/QH11;

Pursuant to the Law on Medical Examination and Treatment No. 15/2023/QH15;

Pursuant to the Law on Investment No. 61/2020/QH14;

At the proposal of the Minister of Health;

The Government promulgates the Decree on giving birth with assisted reproductive technology and conditions for altruistic gestational surrogacy.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the donation, receipt, use, storage, and deposit of sperm, eggs, and embryos; giving birth with assisted reproductive technology; conditions, dossiers, procedures, and competence for permitting medical examination and treatment establishments to carry out in vitro fertilization and altruistic gestational surrogacy; and conditions for altruistic gestational surrogacy.

Article 2. Interpretation of terms

For the purposes of this Decree, the terms below shall be construed as follows:

1. In vitro fertilization means the combination between an egg and sperm in vitro to create an embryo.

2. Artificial insemination means the method of introducing sperm, after being filtered and washed, into the uterus of a woman to facilitate fertilization.

3. Infertility means a wife’s being unable to conceive after the couple has unprotected sexual intercourse for one year; or the condition in which a woman or a man has a disability or pathological condition that reduces the ability to reproduce.

4. Single woman means a woman who has no marriage relation as prescribed by law.

5. Next of kin of the same line of a spouse who asks for altruistic gestational surrogacy includes his or her full siblings, paternal half-siblings and maternal half-siblings; children of his or her paternal and maternal uncles and paternal and maternal aunts.

Article 3. Principles of application of assisted reproductive technology and altruistic gestational surrogacy

1. The donation of sperm, eggs, and embryos in assisted reproductive technologies must comply with the principle that donation is only permitted at an establishment licensed to store sperm, eggs, and embryos.

2. Donated sperm, eggs, and embryos may only be used for one woman or one married couple for the purpose of giving birth.

3. The donation and receipt of sperm or embryos must be carried out based on the principle of anonymity between the donor and the recipient.

4. Assisted reproductive technologies shall only be performed for infertile couples or those with a medical indication, and for single women who so desire.

5. Couples asking for gestational surrogacy, gestational surrogates and children born through altruistic gestational surrogacy shall have their privacy, personal secrets and family secrets kept confidential and be respected and protected by law.

Chapter II

DONATION, RECEIPT, USE, STORAGE, AND DEPOSIT OF SPERM, EGGS, AND EMBRYOS; AND GIVING BIRTH WITH ASSISTED REPRODUCTIVE TECHNOLOGY

Section 1

DONATION, RECEIPT, AND USE OF DONATED SPERM, EGGS, EMBRYOS AND HANDLING OF SURPLUS SPERM, EGGSS, AND EMBRYOS

Article 4. Provisions on donation of sperm, eggs and embryos

1. Sperm or egg or embryo donors:

a) Persons as prescribed in Clause 1, Article 6 of the Law on Donation, Removal, Transplantation of Human Tissues and Organs and Donation and Recovery of Cadavers;

b) Married couples having surplus sperm, eggs, or embryos after undergoing in vitro fertilization or altruistic gestational surrogacy and having no further need to use such sperm, eggs, or embryos;

c) Single women having surplus eggs after undergoing in vitro fertilization and having no further need to use such eggs.

2. Sperm or egg or embryo donors must suffer no hereditary disease which can affect subsequent generations; suffer no mental or another disease which deprives them of the capacity to perceive and control their acts; and do not contract HIV.

3. The handling of surplus donated sperm, eggs, or embryos after childbirth shall comply with Clause 2, Article 7 of this Decree.

Article 5. Conditions for recipients of sperm, eggs, or embryos for giving birth with assisted reproductive technology

1. A sperm recipient must be the wife of a couple under infertility treatment of whom the husband is infertile, or be a single woman who wishes to have a baby and whose eggs are qualified for impregnation.

2. An egg recipient must be a Vietnamese or of Vietnamese origin or a foreigner of whom the husband is a Vietnamese or of Vietnamese origin, who is the wife of a couple under infertility treatment and who has no egg or whose eggs are unqualified for impregnation.

3. An embryo recipient must be:

a) The wife of a couple under infertility treatment both of whom are infertile;

b) The wife of a couple under infertility treatment who has applied in vitro fertilization in vain, except the case of altruistic gestational surrogacy; or

c) A single woman who has no egg or whose eggs are unqualified for impregnation.

4. A sperm or an egg or embryo recipient must be physically fit for in vitro fertilization in accordance with the regulations of the Minister of Health.

Article 6. Provisions on the use of donor sperm in artificial insemination techniques

1. The performance of artificial insemination techniques using donor sperm must comply with Article 3 of this Decree and shall only be carried out at medical establishments permitted to perform in vitro fertilization techniques.

2. In cases where the recipient of donor sperm has already given birth, the handling of surplus donor sperm shall comply with Clause 2, Article 7 of this Decree.

Article 7. Provisions on handling of surplus sperm, eggs, and embryos

1. In cases where a married couple has given birth using their own sperm, eggs, and embryos and still has surplus sperm, eggs, or embryos; or a single woman has given birth using her own eggs and still has surplus eggs, the handling of such surplus sperm, eggs, and embryos shall be conducted in accordance with the wishes of the couple or the single woman, specifically as follows:

a) Request for deposit in accordance with Article 9 of this Decree;

b) Donation to a licensed storage establishment. The donation must be made in writing with the consent of both spouses or the single woman, clearly specifying the authorization to use the donated sperm, eggs, or embryos for one of the following purposes:

For giving birth with assisted reproductive technology for an infertile couple or another single woman;

For scientific research purposes;

For both purposes: giving birth with assisted reproductive technology for an infertile couple or another single woman, and scientific research;

c) Request for disposal.

2. In cases where a married couple or a single woman has given birth using donated sperm, eggs, or embryos and still has surplus sperm, eggs, or embryos, the handling of such surplus sperm, eggs, or embryos shall be carried out in accordance with the wishes of the couple or the single woman, specifically as follows:

a) Request for deposit in accordance with Article 9 of this Decree, which may only be used for the purpose of continuing to have children for the same couple or single woman;

b) Donation to a licensed storage establishment for use in scientific research purposes; the donation must be made in writing with the consent of both spouses or the single woman;

c) Request for disposal.

3. In cases where the married couple or the single woman referred to in Clause 1 or Clause 2 of this Article has donated sperm, eggs, or embryos but subsequently wishes to have children, they may request the establishment to allow the use of the previously donated sperm, eggs, or embryos to carry out assisted reproductive technology.

Section 2

STORAGE AND DEPOSIT OF SPERM, EGGS, AND EMBRYOS

Article 8. Storage of sperm, eggs and embryos

1. The storage of sperm, eggs and embryos shall be carried out at:

a) Medical examination and treatment establishments licensed by competent authorities to perform in vitro fertilization;

b) Tissue banks in accordance with the law on donation, removal and transplantation of human tissues and organs and donation and recovery of cadavers.

2. Depositors of sperm and eggs, single women or married couples depositing embryos, shall pay storage and preservation charges under contracts with establishments storing sperm, eggs and embryos in accordance with the civil law, except for donated sperm, eggs and embryos.

An establishment storing sperm, eggs and embryos may destroy deposited sperm, eggs or embryos after the depositor has not paid storage and preservation charges for six months.

3. Depositors of sperm, eggs, or embryos may request the transfer of the stored sperm, eggs, or embryos from one establishment to another.

Article 9. Depositing sperm, eggs and embryos

1. Sperm, eggs or embryos shall be deposited by the following persons:

a) The husband under infertility treatment may deposit sperm;

b) The wife under infertility treatment may deposit eggs;

c) A married couple or a single woman under infertility treatment may deposit embryos;

d) A person who wishes to keep them personally.

2. For a depositor of sperm, eggs or embryos who dies:

a) If the sperm depositor dies, the storage establishment must destroy the stored sperm of such person, except for the following cases: The wife wishes to have a child using the sperm of her deceased husband; or prior to death, the depositor had a written document expressing the wish to donate sperm to the storage establishment in accordance with this Decree;

b) If the egg depositor dies, the storage establishment must destroy the stored eggs of such person, except where, prior to death, the depositor had a written document expressing the wish to donate eggs to the storage establishment in accordance with this Decree;

c) If the husband in a couple that deposited embryos dies, the embryos of the couple must be destroyed, except in the following cases: The wife wishes to have a child using the embryos of both spouses; or the wife has a written document donating the embryos to the storage establishment for scientific research purposes or for the performance of assisted reproductive technology for a single woman or another married couple;

d) If the wife in the couple, or both spouses, who deposited embryos dies, the embryos of the couple must be destroyed, except where there is a written document from both spouses expressing their wish to donate the embryos to the storage establishment for scientific research or for the performance of assisted reproductive technology for a single woman or another married couple;

dd) If the single woman who deposited embryos dies, the embryos must be destroyed, except where, prior to death, she had a written document expressing the wish to donate the embryos to the storage establishment for scientific research.

3. In case the married couple that deposited embryos has divorced:

a) The storage establishment must destroy the stored embryos, except where there is a written agreement of both spouses stating: A request to continue storing the embryos and a commitment to pay the storage charges in accordance with the regulations of the establishment; or a request to donate the stored embryos to the storage establishment for use in scientific research or for the performance of assisted reproductive technology for another married couple or a single woman;

b) The storage establishment may use the embryos of the divorced couple to perform assisted reproductive technology for the wife, provided that there is a written agreement of both parties.

4. A person who uses sperm, eggs or embryos in the case prescribed in Clause 2, or Clause 3 of this Article, resulting in relations other than marriage and family relations shall comply with the law on marriage and family and the civil law.

Section 3

CONDITIONS, DOSSIERS, PROCEDURES AND COMPETENCE TO PERMIT MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS TO PERFORM IN VITRO FERTILIZATION

Article 10. Conditions for establishments permitted to perform in vitro fertilization

1. Being a medical examination and treatment establishment that has been granted an operation license in the form of a hospital with a scope of practice in obstetrics, capable of conducting reproductive hormone testing and obstetric emergency techniques as prescribed by the Minister of Health.

2. Having a separate unit for the performance of in vitro fertilization, comprising sections for egg retrieval and embryo transfer; sperm collection; sperm testing and washing; in vitro fertilization laboratory.

3. Being equipped with medical devices appropriate for the assisted reproductive technology implemented by the establishment, at least including Incubators; warming cabinets; equipment for storing sperm, eggs, and embryos; centrifuge; ultrasound machine; inverted microscope, stereomicroscope, and micromanipulation equipment; biosafety cabinet level 2 or higher.

4. Personnel:

a) Having at least 02 practitioners holding the title of doctor with a professional scope of practice in obstetrics and gynecology, holding a diploma or certificate of training in clinical in vitro fertilization skills, accompanied by certification of having directly performed at least 20 infertility treatment cycles using in vitro fertilization techniques, issued by a medical examination and treatment establishment specified in Clause 5 of this Article, in accordance with the form provided in Appendix I to this Decree;

b) Having at least 02 individuals with a university degree in one of the fields of medicine, pharmacy, biology, or biotechnology, and holding a diploma or certificate of training in in vitro fertilization laboratory skills, accompanied by certification of having directly performed at least 20 infertility treatment cycles using in vitro fertilization techniques, issued by a medical examination and treatment establishment specified in Clause 5 of this Article, in accordance with the form provided in Appendix I to this Decree;

c) Personnel specified in this Clause must be full-time employees of the hospital.

5. The diplomas and certificates of training referred to in Clause 4 of this Article must be issued by domestic or foreign medical examination and treatment establishments.

In case the diploma- or certificate-issuing establishment is a domestic medical examination and treatment establishment, such establishment must have been licensed by a competent authority to perform in vitro fertilization, must have conducted at least 1,000 infertility treatment cycles using in vitro fertilization techniques, and must be an establishment with medical knowledge continuously updated.

In case the diploma- or certificate-issuing establishment is a foreign establishment, the licensing authority shall conduct an actual assessment of the capacity to perform the techniques during the appraisal process.

Article 11. Dossiers, procedures, and competence for licensing the performance of in vitro fertilization

The dossiers, procedures, and competence for requesting permission or supplementing techniques for performing in vitro fertilization shall comply with the dossiers, procedures, and competence for amending operation licenses in accordance with the law on medical examination and treatment.

Chapter III

CONDITIONS FOR ALTRUISTIC GESTATIONAL
SURROGACY

Article 12. Conditions for an establishment to perform altruistic gestational surrogacy

1. It has performed in vitro fertilization for at least 02 years, with the number of in vitro fertilization cycles totaling at least 500 in a year during the 02 most recent years up to the time of dossier submission.

2. Having medical counseling personnel who are obstetrics and gynecology specialists; psychological counseling personnel with at least a university degree in psychology or doctors with a certificate of training in the field of psychology; and legal counseling personnel with at least a bachelor’s degree in law. The medical counseling personnel must be staff members of the medical examination and treatment establishment. Psychological and legal counseling personnel may be either staff members of the establishment or collaborators in accordance with law.

Article 13. Dossiers, procedures and competence for permitting medical examination and treatment establishments to perform altruistic gestational surrogacy

1. The dossiers and procedures for requesting permission for medical examination and treatment establishments to perform altruistic gestational surrogacy shall comply with the dossiers and procedures for amending operation licenses under the law on medical examination and treatment, and must include documents proving satisfaction of the conditions specified in Article 12 of this Decree.

2. The Minister of Health, the Minister of National Defence, and the Minister of Public Security shall decide on licensing medical examination and treatment establishments under their respective management to perform altruistic gestational surrogacy.

Article 14. Dossiers and procedures for application for altruistic gestational surrogacy

1. An infertile couple shall send a dossier of application for altruistic gestational surrogacy to a medical examination and treatment establishment permitted to perform this technology, comprising:

a) An application for permission for performing altruistic gestational surrogacy, made according to the form provided in Appendix II to this Decree;

b) Written certification by the commune-level People’s Committee of the place of permanent residence of the gestational surrogate or gestational surrogacy-requesting person, or self-submitted documents proving the relationship of next of kin of the same line between the surrogate and the surrogacy-requesting person as prescribed in Clause 5, Article 2 of this Decree, on the basis of relevant notarized or certified civil status documents, with legal liability for the truthfulness of the documents;

c) Documents proving that the surrogate has given birth, being one of the following: Birth certificate or certificate of birth of the surrogate’s child, or a certification issued by the commune-level People’s Committee of the place of residence of the surrogate;

d) An agreement on altruistic gestational surrogate prescribed in Article 96 of the Law on Marriage and Family.

2. Upon receiving a complete dossier as prescribed in Clause 1 of this Article, the medical examination and treatment establishment permitted to perform altruistic gestational surrogacy shall conduct health examinations for the surrogate and the gestational surrogacy-requesting couple; certify that the wife of the gestational surrogacy-requesting couple is incapable of pregnancy and childbirth even with the application of assisted reproductive technology; and certify the capability of the surrogate to carry a pregnancy.

3. If the surrogate and the surrogacy-requesting couple meet all health conditions for surrogacy, the establishment permitted to perform altruistic gestational surrogacy shall:

a) Provide and confirm counseling to the parties involved on medical aspects, psychological aspects (including potential benefits and risks during surrogacy), and legal aspects (regarding rights and obligations of each party in accordance with the law);

b) Perform the gestational surrogacy technique.

4. If the surrogate and the surrogacy-requesting couple fails to meet all health conditions for surrogacy, within 10 working days, the establishment permitted to perform altruistic gestational surrogacy shall issue a written response stating the reasons.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15. Effect

1. This Decree takes effect from October 1, 2025.

2. The following provisions and documents shall cease to be effective from the date this Decree takes effect:

a) The Government’s Decree No. 10/2015/ND-CP dated January 28, 2015, on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy

b) The Government's Decree No. 98/2016/ND-CP dated July 1, 2016, amending and supplementing a number of articles of the Government’s Decree No. 10/2015/ND-CP dated January 28, 2015, on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy;

c) Clause 2, Article 19 of the Government’s Decree No. 155/2018/ND-CP dated November 12, 2018, on amendments to some articles related to business conditions under the state management of the Ministry of Health;

d) Clause 9, Article 40 of the Government’s Decree No. 96/2023/ND-CP dated December 30, 2023, detailing a number of articles of the Law on Medical Examination and Treatment.

Article 16. Transitional provisions

1. Medical examination and treatment establishments already recognized as eligible to perform in vitro fertilization and altruistic gestational surrogacy may continue their operation.

2. The medical examination and treatment establishment of which the dossier requesting recognition to perform in vitro fertilization or altruistic gestational surrogacy has been submitted before the effective date of this Decree, but has not yet been processed, may continue to follow the procedures and processes as prescribed in the regulations and documents specified in Clause 2, Article 15 of this Decree.

Article 17. Responsibility for implementation

1. The Ministry of Health shall:

a) Inspect, direct, urge, conduct preliminary and final reviews of the organization and implementation of this Decree;

b) Develop a shared database on assisted reproduction and stipulate the sharing of information on the donation, receipt, and storage of sperm, eggs, embryos, and altruistic gestational surrogacy among establishments performing in vitro fertilization techniques and this database, ensuring that the donation, receipt, and storage of sperm, eggs, and embryos are conducted in accordance with law;

c) Promulgate professional technical procedures in assisted reproduction; provide guidance on the handover and receipt of sperm, eggs, and embryos between storage establishments; establish health standards for sperm, egg, and embryo recipients; determine the minimum list of medical examination and treatment techniques that establishments performing in vitro fertilization must implement; and prescribe the collection and management of data on assisted reproduction.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.