Legality of egg donation in Spain: Anonymity and confidentiality

Legality of egg donation in Spain: Anonymity and confidentiality

Reproduction treatments with donated eggs have gained significant importance in recent years.

It is worth noting the main characteristics that the Law 14/2006 on assisted human reproduction techniques states on egg donation, which are explained below:

  1. Egg donation must be altruistic and unpaid, since one of the main principles of the Spanish legislation is the prohibition of trade with the human body and its cells.
  2. This is a free and formal contract between the donor and the center authorized to perform the technique. Thus, the choice of donor corresponds to the center’s medical team.
  3. The key aspect is the anonymity of the donation and the guarantee of confidentiality of the donors’ personal information and identity by the gamete banks and reproduction centers.

In this regard, it should be pointed out that the identity of donors may be disclosed only for exceptional reasons implying danger to the life or health of the child or when appropriate in accordance with the law without giving any publicity to these details.

To end with the rule of anonymity, it is important to note that, notwithstanding the prohibition to disclose the identity of donors, the law entitles both patients receiving gametes and embryos and the children born from them, to obtain general information about the donors, not including their identity. In any case, this information will be limited and cannot lead to the donor being identifiable.

Breaking the confidentiality conditions of the gamete or embryo donors’ personal details and economic compensation  are typified in the assisted reproduction law as a serious offense, which can lead to significant monetary fines or even the revocation of the health care authorization as an assisted reproduction center and therefore its possible closing.

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