Under the Law on Marriage and Family 2014 (No. 52/2014/QH13), Articles 88-94, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 88).
(b) The husband of the mother at conception or birth is presumed the legal father (Article 89). For artificial insemination within marriage, the husband is the legal father if consented (Article 93). Paternity outside marriage requires acknowledgment or judicial proof (Article 90).
In informal sperm donation (e.g., at-home AI or NI), donors are not explicitly released from paternity. If donation occurs outside regulated clinical settings or marriage without spousal consent, the donor risks paternity claims if acknowledged or proven biologically.
Assisted Reproduction:
Vietnam regulates ART under Decree No. 10/2015/ND-CP (amending Law on Marriage and Family), permitting sperm donation in licensed facilities for married couples only. Informal sperm donation is not recognized and is effectively prohibited outside this framework.
Donors lack legal protections against paternity claims if biological ties are proven outside regulated ART. Single women and same-sex couples have no legal access to ART; informal donation is rare due to cultural stigma.
Sperm Donor Agreements:
Clinical donors are protected from paternity under Decree No. 10/2015/ND-CP (Article 25), but no framework exists for informal agreements. Contracts outside regulated ART are unenforceable under the Civil Code 2015 (No. 91/2015/QH13), and donors risk paternity if proven.
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially (Article 90), lacking statutory protection.
Surrogacy:
Altruistic surrogacy is permitted under Decree No. 10/2015/ND-CP (Articles 95-100) for married couples, with the intended parents recognized as legal parents. Informal surrogacy is not addressed, and the birth mother is the legal mother by default (Article 88).
Commercial surrogacy is banned, and international arrangements require legal proceedings for recognition.
Parentage Agreements:
Parentage is formalized through marriage, ART regulations, or birth registration (Articles 88-94). Informal agreements (e.g., co-parenting or donor contracts) lack enforceability unless judicially recognized (Article 90).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.