IVF and Humanitarian Surrogacy in Vietnam

In recent years, assisted reproductive technologies such as in vitro fertilization (IVF) and humanitarian surrogacy have increasingly played an important role in helping infertile and subfertile couples realize their dream of becoming parents. However, since these activities involve medical, ethical, and legal factors, they must be strictly regulated by specific legal provisions. In order to meet practical demands and ensure humanitarian purposes, the State has promulgated Decree No. 207/2025/ND-CP and Circular No. 38/2025/TT-BYT, updating and improving the regulations related to IVF and surrogacy. These new instruments not only supplement medical professional criteria but also provide clearer rules on conditions and procedures for implementing surrogacy, thereby limiting abuse for commercial purposes. This article, prepared by Viet An Law, provides an overview of IVF and humanitarian surrogacy in Vietnam under the new regulations.

What is IVF?

In vitro fertilization (IVF) is a method of reproduction:

• IVF is a technique in which oocytes and sperm are retrieved for fertilization outside the body, resulting in embryos that are then implanted into the woman’s uterus.
• This technique may be performed for infertile couples or single women upon the indication of a specialist physician.

Conditions for recipients of sperm, oocytes, and embryos

Pursuant to Article 5 of Decree No. 207/2025/ND-CP, the following provisions apply:

• Recipient of sperm: must be the wife in an infertile couple whose infertility is due to the husband, or a single woman wishing to have a child with oocytes of sufficient quality for conception.
• Recipient of oocytes: must be Vietnamese, of Vietnamese origin, or a foreigner married to a Vietnamese or person of Vietnamese origin, and must be the wife in an infertile couple whose infertility is due to the wife having no oocytes or oocytes of insufficient quality for conception.
• The recipient of embryos must fall into one of the following categories:
  • The wife in an infertile couple whose infertility is due to both husband and wife;
  • The wife in an infertile couple who has undergone IVF but failed, except in cases of humanitarian surrogacy;
  • A single woman with no oocytes or oocytes of insufficient quality for conception.
• Recipients of sperm, oocytes, or embryos must meet the health standards prescribed by the Minister of Health to undergo IVF.

Specifically, pursuant to Article 2 of Circular No. 38/2025/TT-BYT, health standards for recipients of sperm, oocytes, and embryos effective from October 01, 2025, include:

• The recipient must not suffer from:
  • Conditions or abnormalities of the reproductive organs rendering pregnancy impossible;
  • Diseases that would endanger the woman’s life during pregnancy;
  • Mental illnesses or other conditions impairing the ability to perceive or control behavior.
• Persons suffering from acute illnesses must postpone embryo transfer until their condition stabilizes.
• The head of the medical facility authorized to perform IVF, or a lawfully authorized delegate, is responsible for organizing, conducting examinations, consultations, and concluding whether the recipient is medically eligible to receive sperm, oocytes, or embryos.

Conditions for facilities permitted to perform IVF and humanitarian surrogacy in Vietnam

• Must be a licensed medical examination and treatment establishment operating as a hospital specializing in obstetrics and gynecology, capable of performing reproductive endocrine testing and obstetric emergency techniques in accordance with regulations of the Minister of Health.
• Must have a separate IVF unit including rooms for: oocyte retrieval, embryo transfer, sperm collection, sperm testing and washing, and IVF laboratory.
• Must be equipped with medical devices appropriate to the assisted reproductive techniques performed, at a minimum, including: incubators, warming cabinets, cryogenic storage devices for sperm, oocytes, and embryos, centrifuges, ultrasound machines, inverted microscopes, micromanipulation microscopes, and biosafety cabinets of Level 2 or higher.
• Must have personnel meeting statutory requirements.

Conditions for facilities permitted to perform IVF and humanitarian surrogacy in Vietnam

Article 12 of Decree No. 207/2025/ND-CP prescribes the following conditions:

• At least 02 years of experience in performing IVF, during which the most recent 02 years prior to submission of the application must include a minimum of 500 IVF cycles per year.
• Must have medical counselors who are obstetrics and gynecology specialists, psychological counselors with at least a university degree in psychology, or physicians with certificates in psychology, and legal counselors with at least a bachelor’s degree in law. Medical counselors must be personnel of the medical facility, while psychological and legal counselors may be either personnel of the facility or external collaborators in accordance with the law.

Application dossier for IVF and humanitarian surrogacy

Pursuant to clause 1, Article 14 of Decree No. 207/2025/ND-CP, the infertile couple shall submit an application dossier for humanitarian surrogacy to a medical facility authorized to perform such technique, including:

• Application form requesting humanitarian surrogacy as prescribed in Appendix II issued with Decree No. 207/2025/ND-CP;
• Certification by the People’s Committee at commune level where either the surrogate or the commissioning party resides, or self-certified documents proving consanguineous relationship of the same line between the surrogate and the commissioning party in accordance with clause 5 Article 2 of the Decree, based on relevant civil status papers duly notarized/certified and legally accountable;
• Documentation proving that the surrogate has given birth, consisting of one of the following: birth certificate or birth record of the surrogate’s child, or certification from the commune-level People’s Committee where the surrogate resides;
• Surrogacy agreement in accordance with Article 96 of the Law on Marriage and Family.

Procedures for IVF and humanitarian surrogacy in Vietnam

Step 1: Submission of application

The infertile couple submits the application dossier for humanitarian surrogacy to an authorized medical facility.

Step 2: Appraisal of dossier and confirmation of conditions

• The authorized medical facility is responsible for organizing medical examinations for the surrogate mother and the commissioning couple. The facility must confirm the reproductive health status of the wife in the commissioning couple, specifically that she is unable to become pregnant and give birth, even with assisted reproductive techniques.
• The facility must also confirm the surrogate’s ability to become pregnant and her compliance with health conditions. If the medical examination shows that the surrogate or the commissioning couple does not meet the statutory conditions, the facility must notify and state reasons for refusal in writing within 10 working days.

Step 3: Implementation of IVF and humanitarian surrogacy

Where both the surrogate and the commissioning couple satisfy the health conditions, the authorized facility shall:

• Provide and confirm counseling to the parties on medical and psychological matters (benefits and risks of surrogacy) and legal matters (rights and obligations of each party under law);
• Perform the surrogacy procedure.

The new provisions under Decree No. 207/2025/ND-CP and Circular No. 38/2025/TT-BYT clarify conditions and procedures for IVF and humanitarian surrogacy. This represents a significant step forward in protecting lawful rights, ensuring humanity, and preventing exploitation. Strict compliance with these regulations will effectively support infertile couples.

The above is Viet An Law’s advisory on IVF and humanitarian surrogacy under the new regulations in Vietnam. Should you have any related inquiries or require legal assistance, please contact Viet An Law for the best support.