Is donation of the sperm, oocytes or embryos anonymous?
Yes. In the case of gametes, anonymity is the rule. The law does, however, allow non-anonymous donations if they are based on an agreement between the donor and the recipient or recipients.
Is it possible to obtain information about the biological origin of a child born after gametes or embryo donnation?
The law provides that once supernumerary embryos or gametes have been implanted, the parentage rules set out in the Civil Code operate in favour of the author or authors of the parental project. No parentage suit may be filed against the donor by the recipient or by the child born through the use of supernumerary embryos or gametes.
There are no specific legal provisions that would apply to the courts in this area. It cannot be ruled out that a court might obtain information about the biological origin of a child born through gamete or embryo donation if it deemed this necessary.
Is it possible to obtain information about the identity of the donors ?
No for the child and the parents, yes for the court
The fertility centre is legally bound to render inaccessible any data that could be used to identify the embryo or gamete donor. Anyone working for or in a fertility centre who becomes aware of information that could be used to identify the donor is subject to the professional secrecy requirement (Art. 458 of the Criminal Code). Non-anonymous gamete donations are permitted, however, if they are based on an agreement between the donor and the recipient or recipients.
Is it possible to obtain certain health information concerning the donors?
For the child, for the parents, for the court: yes
The Act specifies that the center registers specific data concerning the donor, such as the physical characteristics of the biological parents, in case of an embryo, or of the gamete’s donor but provides for the parents and the child to have access only to the necessary medical data that can be important for the child’s health.
Is it possible to obtain other information?
For the child, for the parents no, for the court yes
The law requires the centre to record certain data relating to the donor, including the physical characteristics of both embryo providers or of the gamete donor. The law only allows the parents and child access to such medical data as are necessary for the child’s health, however.
Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions?
No, the law states that once supernumerary embryos or gametes have been implanted, the parentage rules laid down in the Civil Code operate in favour of the authors of the parental project.
No lawsuit relating to parentage or to its effects on property rights may be brought by donors of supernumerary embryos or gametes.