People who are donated sperm or donated labor during surrogacy for humanitarian purposes

The Lao Dong Newspaper Legal Consulting Office replied:

Article 4 of Decree 207/2025/ND-CP (effective from October 1, 2025) stipulates sperm donation, embolism donation, and egg donation as follows:

1. Subjects donating sperm, donating embryos:

a) People specified in Clause 1, Article 6 of the Law on Pension, removal, transplantation of human tissues and organs and donation, removal of bodies;

b) Couple who after performing in vitro fertilization or surrogacy for humanitarian purposes still have extra sperm, amenorrhea, or embryos and do not need to use this amount of sperm, amenorrhea, or embryos;

c) single women who have undergone in vitro fertilization have excess labor and do not need to use this amount of labor.

2. The person who donates sperm, donates embryos, and donates embryos must not have a genetic disease affecting the next generation; must not have a mental illness or other illness that cannot be recognized or control their behavior; and must not be infected with HIV.

3. The handling of sperm, amenorrhea, and surplus donation after giving birth is applied according to the provisions of Clause 2, Article 7 of this Decree.

Clause 1, Article 6 of the Law on inheritance, collection, transplantation of tissues and organs of the human body and donation, identification stipulates: Men aged twenty and over, women aged eighte and over, with full civil act capacity have the right to donate, receive sperm, express or embryos in artificial insemination according to the provisions of law.

Thus, from October 1, 2025, people who are allowed to donate sperm or support during pregnancy for humanitarian purposes are regulated as above.