In Spain, IVF is a common and legal practice, but it involves a series of legal aspects that must be taken into account before, during, and after the process.
Among the most important legal aspects surrounding IVF are the donation of sperm, eggs, and embryos, which are essential for many couples to have children.
Next, we will discuss the legal aspects of sperm, egg, and embryo donation in Spain, in order to understand the legal requirements that must be met before opting for IVF. Additionally, we will learn how these practices are regulated and supervised in the country to ensure the safety of all individuals involved and the protection of the rights of children born through IVF.
Table of contents
Legality of sperm donation in Spain
Sperm donation is regulated by various laws and regulations. The main law that establishes the requirements and procedures for sperm donation is Law 14/2006, of May 26, on Medically Assisted Reproduction Techniques. In summary, here is what the law establishes:
- In Spain, sperm donation is legal and is done anonymously, voluntarily, and altruistically. Donors do not receive money for the donation, but they receive financial compensation for any inconveniences the process may cause.
- The law establishes very strict requirements that sperm donors must meet:
- They must be between 18 and 50 years old (although most centers set an age limit of 40).
- They must be in good mental and physical health.
- They must not have personal or family history of genetic or metabolic diseases, as well as mental disorders, and must have negative serologies.
- Additionally, a sperm analysis is conducted to assess the quality of the sperm, including vitality, motility, morphology, and concentration. The sample must have high concentration and motility, as well as a good survival rate after thawing, since the sperm will be vitrified.
- Carrier testing is performed to study genetic alterations and determine if the donor is a carrier of certain severe autosomal recessive and X-linked inherited diseases most prevalent in our geographic area. If you have mutations for these diseases, you will be excluded as a donor, although being a carrier of another mutation is not exclusive.
- Currently, the number of children born from the same donor cannot exceed 6 according to the law, in order to reduce the possibility of consanguinity.
Legality of egg donation in Spain
Egg donation in Spain is regulated by Law 14/2006 on human reproduction techniques and Royal Decree 9/2014 on quality and safety standards for donation. Here is a summary of what the law states regarding egg donation:
- Egg donors must be over 18 years old, in good psychophysical health, and fully capable of acting.
- They must undergo medical and psychological tests to ensure their health and ability to make the decision.
- The choice of the donor can only be made by the medical team applying the technique, and the greatest possible phenotypic and immunological similarity with the recipient couple or woman should be sought.
- The identity of the donors is kept secret, although the recipient woman and children can obtain general information.
- Each donor can have a maximum of 6 newborns.
- The law establishes that neither the mother nor the couple can contest the marital filiation of the child born through donor fertilization.
Legality of Embryo Donation in Spain
Embryo donation in Spain is regulated by Law 14/2006 on Medically Assisted Reproduction Techniques and by Order SCO/3260/2007, which establishes the requirements and procedures for embryo donation:
- In Spain, embryo donation is a legal and regulated practice that allows couples or women who cannot have biological children to use embryos from other couples or women who have successfully undergone their assisted reproductive treatment and decide to donate their excess embryos.
- Embryo donation is done anonymously and voluntarily, and donors cannot receive any financial compensation for it.
- Donors must meet the same requirements as gamete donors, including being between 18 and 50 years old, being in good physical and psychological health, and not having personal or family history of genetic or metabolic diseases.
- On the other hand, the law establishes that donated embryos must undergo a series of tests to ensure their quality and safety before being used in assisted reproductive treatments.
- Donors and recipients have the right to maintain anonymity at all times and can only have basic information about the donor’s age and physical characteristics or the biological parents of the embryo.
Sperm, egg, and embryo donation in Spain are governed by a series of laws and regulations that ensure the safety of donors and recipients, as well as the protection of the rights of children born through these techniques. It is important to be aware of these legal aspects before opting for IVF because once the process starts, it is essential to comply with all the requirements and formalities established by the law.
If you have any questions, please do not hesitate to contact us so that we can guide and advise you.