How to handle embryos sent to give birth via in vitro fertilization when the couple divorces

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 3, Article 9 of Decree 207/2025/ND-CP (effective from October 1, 2025) stipulates the case of a couple who deposit an embryo and are divorced:

a) The holding facility must cancel the embryos in storage, except in cases where there is a written agreement between both husband and wife on: requesting to continue holding the embryos and committing to pay the storage cost according to the facility's regulations; or requesting to donate the embryos in storage to the holding facility for use in scientific research or performing assisted reproductive techniques for a couple or another single woman;

b) The storage facility is allowed to use embryos of the divorced couple to perform assisted reproductive techniques for the wife in cases where both parties have written consent.

Thus, from October 1, 2025, the treatment of embryos submitted by in vitro fertilization when the couple divorces is carried out according to the above regulations.