Sexual reproduction requires the interaction of two germinal cells: one female and one male inside the female genital organs. However sexuality or marital status and the desire to procreate do not have to be centred around these basic biological truths.
If for questions of identity and sexual orientation this process is not acceptable or indeed if the female does not have a male partner, we can turn to Assisted Reproduction Techniques.
Today we deal with such distinct situations and desires that each one requires a specific solution.
WHAT CAN ASSISTED REPRODUCTION TECHNIQUES DO FOR ME?
LEGALS ASPECTS RELATED TO ASSISTED REPRODUCTION TECHNIQUES IN SPAIN.
In accordance with current legislation “A woman can undergo the techniques regulated under this Law regardless of marital status and sexual orientation.” Thus the right to maternity is protected for all women and more importantly: Not only for motives of sterility.
Therefore all women can enjoy unlimited access to Assisted Reproduction Techniques provided that they are of legal age and are in good psychophysical health:
It should be noted that surrogacy in Spain is expressly prohibited.
Donor Sperm
Donations are anonymous in Spain and so it is up to the medical team who are treating the patient to select an appropriate donor who has been through an exhaustive selection process. According to Spanish Law, “In the application of Assisted Reproduction Techniques, the selection of the sperm donor must be undertaken solely by the medical team administering the treatment while protecting the anonymous nature of the donation at all times…” and “at no time should the donor be selected personally by request of the recipient”. Furthermore “the medical team should in all cases strive for the closest match regarding physical characteristics and blood group with the recipient female”. Spanish Law defines gamete and pre-embryo donation as a free, confidential and formal (written) contract agreed upon between the donor and the authorised centre. This contract is only revocable if the donor wishes the donated gametes for himself and only if they have not already been used in a treatment cycle.
The donors must be of legal age, be fully aware of the implications of the donation and be in good psychophysical health. The centre must also fulfil a strict donor protocol relating to data regarding the health and physical characteristics of the donors.
The maximum number of children born using the gametes of one donor permitted by Spanish Law is 6. Therefore donors must reveal whether they have donated previously, when they have done so and at which centres.
For same-sex couples who wish to undertake Assisted Reproduction treatments, we have to take into consideration that the Law requires not only the informed consent of the female undertaking the Assisted Reproduction technique but also that of her female partner.
For single women the Law establishes that as long as she is of legal age and has good psychophysical health, she can receive Assisted Reproduction treatments without limitation whatsoever.
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