Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination to perform in vitro fertilization ...

DECREE

ON GIVING BIRTH THROUGH IN VITRO FERTILIZATION AND CONDITIONS FOR ALTRUISTIC GESTATIONAL SURROGACY

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 23, 2009 Law on Medical Examination and Treatment;

Pursuant to the June 19, 2014 Law on Marriage and Family;

At the proposal of the Minister of Health,

The Government promulgates the Decree on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination and treatment establishments to perform in vitro fertilization; conditions for altruistic gestational surrogacy; preservation of sperm, eggs and embryos; information and reporting.

2. The application of assisted reproductive technology of artificial insemination under the Law on Medical Examination and Treatment is not governed by this Decree.

3. This Decree applies to Vietnamese agencies, organizations and individuals and foreigners engaged in in vitro fertilization and gestational surrogacy in Vietnam.

Article 2. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

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

2. Infertility means a wife’s being unable to conceive after the couple has unprotected sexual intercourse on an average of 2-3 times/week for one year.

3. Egg means a female gamete.

4. Sperm means a male gamete.

5. Embryo means a product from a process by which an egg is fertilized by sperm.

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

7. Next of kin of the same line of a spouse who asks for 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; and siblings-in-law of his or her full siblings or paternal or maternal siblings.

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Article 24. Effect

This Decree takes effect on March 15, 2015.

To annul the Government’s Decree No. 12/2003/ND-CP of February 12,2003, on giving birth by scientific methods, from the effective date of this Decree.

Article 25. Transitional provisions

Medical examination and treatment establishments already recognized by the Ministry of Health as eligible to perform in vitro fertilization may continue their operation without having to carry out again the recognition procedures prescribed in this Decree.

Article 26. Implementation responsibilities

The Minister of Health shall guide the implementation of Clause 5, Article 3, Clause 2, Article 7, and Clause 1, Article 23, of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-