Latest regulations on assisted reproductive technology and surrogacy conditions

The Ministry of Health has just issued Circular 38/TT-BYT detailing a number of articles of Decree No. 207/2025/ND-CP dated July 15, 2025 of the Government regulating childbirth using assisted reproductive techniques and conditions for surrogacy for humanitarian purposes.

Circular 38/TT-BYT of the Ministry of Health stipulates health standards for recipients of sperm, eggs, and embryos; The delivery and receipt of sperm, eggs, and embryos between facilities storing sperm, eggs, and embryos; The minimum list of techniques in medical examination and treatment that facilities performing in vitro fertilization must perform; Statistical reporting, data management, and information sharing on reproductive support.

Regarding the health standards of recipients of sperm, eggs, and embryos, the Ministry of Health clearly states that recipients of sperm, eggs, and embryos must not have diseases or abnormalities of the reproductive organs to the extent that they cannot become pregnant; Diseases that can endanger the life of the woman during pregnancy; Mental illness or other diseases that make it impossible to perceive or control one's behavior; People with acute illnesses must delay embryo transfer until treatment is stable.

The head of the facility performing in vitro fertilization or a legally authorized person is responsible for organizing and conducting examinations, consultations, and concluding that the health conditions are sufficient to receive sperm, eggs, and embryos according to regulations.

Regarding the regulations on the delivery and receipt of sperm, eggs, and embryos between sperm, egg, and embryo storage facilities, the Ministry of Health provides guidance in cases where the person sending sperm, egg, or embryo or the person receiving the donated sample wishes to transfer the sample from the storage facility to another storage facility.

The facility storing the sample shall advise the sender and recipient of the donated sample on the regulations for transporting the sample and the risks that may be encountered during the transport process; Provide written opinions on the consent to transfer the sample; The facility receiving the sample shall be responsible for considering the wishes of the sender and recipient of the donated sample and deciding to accept the sample transferred from another storage facility; Delivery and receipt shall only be carried out with the written consent of the facility receiving the sample.

According to the Ministry of Health, sample transportation must be carried out by medical staff at the sample receiving facility or the sample delivery facility with the participation of the sample sender, recipient, donor or legally authorized person.

If the sender or recipient of the donated sample or the legally authorized person does not participate, the sender or recipient of the donated sample must authorize the receiving facility or the delivery facility to transport the sample; The cost of transporting the sample shall be paid by the sender or recipient of the donated sample; During the transport process, the sample must be stored in a specialized frozen storage device, sealed by the delivery facility; The sample must be transferred between the two storage facilities and accompanied by the required documents.

According to the Ministry of Health, this Circular takes effect from October 1, 2025.

The Ministry of Health abolishes Chapter I, Chapter II, Chapter V and Chapter VI of Circular No. 57/2015/TT-BYT dated December 30, 2015 of the Minister of Health detailing a number of articles of Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government regulating childbirth using assisted reproductive techniques and conditions for surrogacy for humanitarian purposes.

In case the documents referred to in this Circular are amended, supplemented or replaced, the new documents shall apply./.

(Vietnam+)

Source: https://www.vietnamplus.vn/quy-dinh-moi-nhat-ve-sinh-con-bang-ho-tro-sinh-san-dieu-kien-mang-thai-ho-post1055638.vnp