The Sperm of the Deceased: To Be Destroyed or Not?

According to current regulations, the storage of sperm, oocytes, and embryos is carried out in the following cases:

- The husband or wife in couples undergoing infertility treatment;

- Individuals who wish to preserve for personal reasons;

- Individuals who voluntarily donate sperm, oocytes, or embryos;

- Infertile couples or single women who store excess embryos after successful in vitro fertilization.

In Clause 2, Article 21 of Decree 10/2015/ND-CP on the regulations for childbirth using in vitro fertilization techniques and conditions for surrogacy for humanitarian purposes issued by the Government of Vietnam, it is stipulated how to handle sperm, embryos in the event of the death of a spouse as follows:

In the case where the person storing sperm, oocytes, or embryos dies, and the storage facility receives notification accompanied by a legal copy of the death certificate from the family of the deceased, the sperm, oocytes, or embryos must be destroyed, unless the spouse of the deceased submits a request for continued storage and maintains the payment of storage and preservation fees.

=> Thus, according to this regulation, the oocytes/sperm of a deceased spouse will not be destroyed if the surviving spouse submits a request for continued storage and maintains the payment of storage and preservation fees.

Sincerely!