JavaScript is off. Please enable to view full site.

Mother’s demand to ‘inherit’ son’s sperm raises legal question in Vietnam

Thursday, December 27, 2018, 17:04 GMT+7
Mother’s demand to ‘inherit’ son’s sperm raises legal question in Vietnam
T. (L) and D. are in a wedding photo.

A legal debate has erupted in Vietnam after a hospital denied a woman access to her dead son’s sperm, claiming that reproductive cells are not inheritable property.

The deceased man, T.D.T., deposited his sperm at Tu Du Hospital in Ho Chi Minh City when he was still alive.

His mother, Vong Ngoc Huyen, now wants to withdraw the sperm so that her son’s girlfriend, V.T.B.D., can be artificially inseminated.

D. and T. lived together as a couple and even held a wedding ceremony to cement their love, but they never registered their marriage with local authorities.

According to Vietnamese regulations, only the legal spouse of a sperm depositor has the right to decide what to do with their sperm after the donor passes away.

In the event that there is no living legal spouse, the deposited sperm must be destroyed for ethical reasons, according to a 2015 government mandate.

2/ Vong Ngoc Huyen (L) cries as she details the legal challenges she faces trying to get access to her dead son’s sperm. Photo: Tuoi Tre
Vong Ngoc Huyen (L) cries as she details the legal challenges she faces trying to get access to her dead son’s sperm. Photo: Tuoi Tre

Huyen’s lawyer said she is mulling a lawsuit against Tu Du Hospital for denying her access to her son’s sperm, claiming she is the legal inheritor of her son’s “property” due to the fact that he had no spouse or children.

Nguyen Duc, a lawyer based in Ho Chi Minh City, said he doubts the lawsuit would end up in the grieving mother’s favor as Vietnamese laws do not recognize sperm as inheritable property.

“Sperm is part of the human body, so it’s tied to one’s personal rights,” Duc said.

However, legal experts argue that exceptions can, and should, be made in specific cases where it is morally acceptable.

If D. has proof of the time she spent living with her deceased ‘husband’, it can be ruled out that the man’s sperm be will used for commercial purposes, which is essentially what current laws and regulations are trying to prevent.

“D. and Huyen can send a letter to the government, the health ministry, and the justice ministry asking for consideration in resolving the legal deadlock,” Duc said.

Like us on Facebook or follow us on Twitter to get the latest news about Vietnam!

Tuan Son / Tuoi Tre News

More

Read more

;

Photos

VIDEOS

Experience summer sand-boarding in Mui Ne

Sand-boarding, a popular activity amongst local children in the coastal tourism town of Mui Ne in south-central Vietnam, is attracting hundreds of tourists to the Red Sand Dunes

Young maple trees given better protection as Hanoi enters rainy season

The trees are currently growing well, with green leaves and healthy branches.

Hunting skinks for food in southern Vietnam

Skink meat is known to be soft, tasty, and highly nutritious.

Vietnamese-made app allows people to grow real veggies via smartphone

Nguyen Thi Duyen, a young engineer in Hanoi, developed the app and its related services to help busy people create their own veggie gardens.

Chinese tourists hit by Vietnamese over dine and dash

Four Chinese were reportedly injured, with one having a broken arm.

Latest news