Legislation in Spain and Europe

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

The legal text also states that children born thanks to reproduction treatments with donated gametes (semen,, egg or embryo donation) are legally registered as the treated couple’s children.

Download here the complete text of Law 14/2006

Current Spanish Legislation allows reproduction treatments that are prohibited in many other countries. The most important ones are listed below:

Comparison of European Legislation regarding 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 single 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 IVF treatment that have not been transferred to the mother can be cryopreserved in an authorised bank. The cryopreservation of the remaining ovocites, ovarian tissue and pre-embryos can be prolonged until the involved medical staff considers, with a favourable report from an independent expert outside the relevant centre, that the recipient mother no longer meets the appropriate medical requirements for IVF treatment.

6. The consent given to use cryopreserved pre-embryos or gametes for the above-mentioned purposes may be modified at any time before the application.

For pre-embryos, the mother or both parents will be requested to renew or modify the previously signed consent form at least every two years. If it is not possible for the mother or both parents to sign the relevant consent for two consecutive renewals and it can be proven that the actions taken to obtain the renewal were not answered, the pre-embryos will then remain cryopreserved in the centre and may be used for any of the previously mentioned purposes while continuing to be confidential, free and not-for-profit.

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