Legislation in Spain and Europe

The current Spanish legislation, LAW 14/2006, 26th of May, concerning human assisted reproduction techniques, contemplates the absolute anonymity of the gamete donors, in such a way that their identity will never be revealed. The donation is conceived as an altruistic act, in which no claim for paternity can be placed.

Besides, the legal text also contemplates that the child born thanks to reproduction treatments with donated gametes (semen of a donor, egg donation, embryo donation) is legally registered as a son or daughter of the couple that underwent the treatment.

Download here the complete Law 14/2006

Current Spanish Legislation permits the carrying out of treatments in the field of reproduction which are prohibited in many other countries. The most important ones are listed below:

Comparison of European Legislation in terms of Assisted Reproduction
Country/Treatment PGD Gender selection Embryo Selection Therapeutic cloning
France Yes No - No
Germany No No - No
Austria No No No No
Italy Yes - - No
UK Yes - Yes Yes
Spain Yes Yes * Yes No

*Only for cases of gender related hereditary disease

country/Treatment Embryo donation Sperm donation Egg donation Treatments for singles women
France Yes Yes Yes No
Germany No Yes No No
Austria No - No No
Italy No No No No
UK Yes Yes Yes Yes
Spain Yes Yes Yes Yes

Thanks to our vast expertise and experience in the field of infertility treatments you can count on excellent results.

Article 11. Cryopreservation of gametes and pre-embryos.

3. The pre-embryos remaining from the application of the IVF technique that have not been transferred to the mother, could be cryopreserved in an authorised bank. The cryopreservation of ovocites, ovarian tissue and the remaining pre-embryos could be prolonged until the medical personnel responsible considers, with a favourable report from an independent expert independent from the relevant centre, that the recipient mother does not meet the appropriate medical requirements for the practice of the IVF technique.

6. The consent given to the cryopreserved pre-embryos or gametes for the purposes mentioned above could be modified at anytime previous to the application.

For pre-embryoes, the request will have to come from the mother or both parents. The renewal or modification is required of the previously signed consent form, at least every two years. If it is impossible to obtain from the mother or both parents, the relevant consent for two consecutive renewals and it can be proved irrefutably that the actions taken to obtain the renewal were not answered, the pre-embryos will then remain at the disposal of the centre where they are cryopreserved, that it could be used for any of the purpose mentioned, maintaining all the confidentiality requirements, gratuity and non-profitable status.

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