Strict regulation of Egg Donation in Thailand, Vietnam & Indonesia - Singaporean patients excluded

[Angelica Cheng]

Please click on the following link to see strict regulation of Egg Donation in Thailand. Do take note that prospective egg donors must have the same nationality as the egg recipient.

Fertility-IVF Clinic | Bumrungrad Hospital Bangkok Thailand

Bumrungrad Hospital in Bangkok, Thailand helps for couples using modern methods including hormone therapy, intrauterine insemination, IVF and ICSI.

www.bumrungrad.com

Egg donations are legal in Thailand; however, commercial egg donation is not (egg donation for profit is prohibited in Thailand).

Egg donor recipients are not allowed to receive eggs from more than one donor per treatment.
The patient requiring egg donation will need to provide her marriage certificate, and her husband must sign a letter of consent. The egg donor must also sign a letter of consent.

Egg donor qualifications include:

• Must be 20-35 years of age
• Pass a physical and mental health assessment
• Must have the same nationality as the egg recipient
• Spouse of the egg donor must sign a letter of consent
• Has not donated eggs more than 3 times in her lifetime
• Egg donor information will be documented for 20 years

 

[Angelica Cheng]

In Vietnam, Egg Donation is regulated according to the Official Gazette of the Socialist Republic of Vietnam, Decree no. 12/2003/nD-Cp of February 12, 2003 on Childbirth by scientific Methods, March 10, no. 14 (Ha Noi: Vietnam Law and Legal Forum, 2003).

Please see attached PDF file or click on this website link:

Decree No. 12/2003/ND-CP of February 12, 2003, on childbirth by scientific methods

Ngày 12/02/2003,Chính phủ đã ban hành Decree No. 12/2003/ND-CP of February 12, 2003, on childbirth by scientific methods Thuộc lĩnh vực Quyền dân sự, Thể thao - Y tế và sẽ có hiệu lực kể từ ngày 25/03/2003

vanbanphapluat.co

According to Article 5 of this law enacted in 2003, all foreigners are banned from either receiving or donating sperm, eggs and embryos.

Article 5.-

1. Foreigners may be entitled to the application of reproduction-supporting techniques if they are examined and determined by Vietnamese medical establishments as infertile with the husbands’ sperms or the wives’ ova being qualified for conception.

2. The ovum donation and reception; sperm donation and reception as well as embryo donation and reception shall not apply to foreigners.

Additionally, the 2003 law also restricts the eggs of a donor to be used for only one recipient patient.

Please also see page 61 of the following pdf file, under the section heading of "Legal Matters":

https://www.fvvo.be/assets/270/09-Pashigian.pdf

 

[Angelica Cheng]

In the case of Indonesia, please see the following document (page 699):

https://www.rbmojournal.com/article/S1472-6483(15)00373-9/pdf

In accordance with international and Indonesian Islamic fatwas, Indonesian law implicitly prohibits donation or selling of egg or spermatozoa for the use of ART, and although there is no explicit prohibition against the practice, clinics refuse to engage in third-party donation (Haryadi, 2012; Yendi, 2011).The Indonesian Ministry of Health’s 1999 guidelines for in-fertility clinics specify that infertility treatments must onlyuse gametes from the couple seeking medical care and prohibit the commercial practice of buying and selling spermatozoa and eggs (Yendi, 2011). The MUI has openly condemned the practice of sperm donation in a fatwa issued on June 13,1979, invoking similar reasons given in other Middle Eastern Muslim states for banning third-party gamete donation: concerns that the introduction of outside gametes is tantamount to adultery, that it threatens pure lineage, a child’s inheritance and his or her well-being, and that the child could face social condemnation or confusion as to the identity of his or her biological father and mother (Inhorn, 2005; Mirza, 2004, p. 109; Purnama and Soaleh, 2009, p. 16; Schenker,1992; Serour, 1998; Syed, n.d.).

More recently, the Indonesian parliament is debating a bill to explicitly ban sperm, egg and embryo donation:

Family resilience bill would criminalize surrogacy, sperm donation

Article 31 of the draft bill stipulates that no one may sell or purchase sperm or egg cells, voluntarily donate sperm or egg cells, or accept sperm or egg cells independently or through institutional intermediaries for the purpose of conceiving offspring.

www.thejakartapost.com