The Ministry of Health is drafting a decree regulating childbirth using in vitro fertilization and conditions for surrogacy for humanitarian purposes.
The draft clearly states that infertile couples and single women have the right to give birth using in vitro fertilization as prescribed by a specialist; infertile couples have the right to use surrogacy for humanitarian purposes.
The Ministry of Health proposes many regulations on conditions for surrogacy for humanitarian purposes.
The couple requesting surrogacy, the surrogate mother, and the child born through surrogacy are guaranteed privacy, personal secrets, family secrets, and are respected and protected by law.
According to the draft, the donation and receipt of sperm and the donation and receipt of embryos must be carried out on the principle of anonymity between the donor and the recipient; the donor's sperm and embryos must be coded to ensure confidentiality but must still clearly state the characteristics of the donor, especially the racial factor.
Sperm donors and egg donors voluntarily donate sperm and eggs and only at a medical examination and treatment facility recognized by the Ministry of Health to perform in vitro fertilization. The medical examination and treatment facility does not provide the name, age, address and image of the sperm donor.
The donor's sperm and eggs can only be used for one person. If the birth is not successful, they can be used for another person. In case of successful birth, the unused sperm and eggs must be destroyed or donated to a scientific research facility, unless the person wishes to continue storing them to have children and can only have one more child.
Also according to the draft, the sperm recipient must be the wife in a couple undergoing infertility treatment where the cause of infertility is the husband, or a single woman who wants to have children and whose eggs are of good quality for conception.
Doctor performs cesarean section at Central Maternity Hospital
The egg recipient must be Vietnamese or of Vietnamese origin and be the wife in a couple undergoing infertility treatment where the cause of infertility is that the wife has no eggs or the eggs are not of sufficient quality to conceive.
The embryo recipient must be in one of the following cases: The wife in a couple undergoing infertility treatment where the cause of infertility is due to both the wife and the husband; The wife in a couple undergoing infertility treatment where the couple has undergone in vitro fertilization but failed, except in the case of surrogacy; Single women without eggs or eggs that are not of sufficient quality to conceive.
The implementation of in vitro fertilization techniques must comply with technical procedures; regulations on health standards for people undergoing in vitro fertilization, pregnancy and childbirth are issued by the Minister of Health.
The draft clearly stipulates prohibited acts in surrogacy for humanitarian purposes, including: advertising, brokerage or organizing, buying and selling sperm, eggs, embryos for commercial purposes; advertising, brokerage or organizing, performing surrogacy for commercial purposes; abusing in vitro fertilization techniques without indication; diagnosing and choosing the sex of embryos, fetuses...
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