16. Is donation of the sperm/oocytes/embryos anonymous? Yes for sperm
17. Is it possible to obtain information about the biological origin of a child bornn after gametes or embryo donnation?
i. For the child him or herself NA
ii. For the parents NA
iii. For a court NA
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which connditions (family law provisions)?
No
6. Are donation of the sperm/oocyte/embryos permitted in your country? Yes for sperm/oocyte/embryos
7. Are there specific compensation arrangements for such donations? Yes
8. Are there specific criteria for donation of sperm, oocytes, embryos? Yes, for sperm
9. Are there specific non-medical criteria for selection of gametes/embryo to be used for MAP? No
10. Are there special measures for the prevention of consanguinity? No
Consanguinity (between cousins) is very widespread in Azerbaijan and these marriages are not forbidden.
11. In a homosexual couple, is a legal relationship possble between a child and the partner of the legal partner? No
16. Is donation of sperm Yes and no/oocytes Yes and no/embryos anonymous Yes? Donor of oocytes can be anonymous or non-anonymous. Donor of sperm can be anonymous or non-anonymous.
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation?
i. For the child him or herself, Yes. It’s only possible to obtain information if the sperm donor or oocyters donor is non-anonymous. Identity of the donor can be obtained when the child are 18 years or older. ii. For the parents No, iii. For a court No
a. Identity of the donor(s)
i. For the child him or herself Yes, ii. For the parents No, iii. For a court No
b. Certain health information concerning the donor(s)
i. For the child him or herselfn No, ii. For the parents No, iii. For a court No
c. Other information
i. For the child him or herselfn No, ii. For the parents No, iii. For a court No
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes. A father or a co-mother can contest paternity or co-maternity if he or she believes that the child is not conceived by the MAP he or she gave consent to, but instead is conceived by a sexual relationship.
16. Is donation of sperm/oocytes/embryos anonymous? Yes
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation?
i. For the child him or herself Yes, ii. For the parents No, iii. For a court No
a. Identity of the donor(s)
i. For the child him or herself No, ii. For the parents No, iii. For a court No
b. Certain health information concerning the donor(s)
i. For the child him or herself Yes, ii. For the parents Yes, iii. For a court Yes
c. Other information
i. For the child him or herself No, ii. For the parents No, iii. For a court No
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No
19. Is there an important current debate in your country on these or related issues? Yes. The debate is steady and intense, considering single person and homosexual couples guaranteed by the state access to MAR, explicit legal regulation of surrogate motherhood, increasing the number of IVF cycles covered by HI, changes in the age for MAR access.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes
10. Are there special measures for the prevention of consanguinity? Yes
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No
MEDICAL ASPECTS
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? No; For women not living in a heterosexual couple? NA
b. Risk of transmission of a disease
For a heterosexual couple? No; For women not living in a heterosexual couple? NA
There are no restrictions in the access to medically assisted procreation neither to heterosexual couples nor to single women
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? Yes; For women not living in a heterosexual couple? Yes
b. Risk of transmission of a disease
For a heterosexual couple? Yes; For women not living in a heterosexual couple? Yes
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Double gamete donation has been permitted since 2 August 2021.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. As stated in the Public Health Code, no payment, whatever its form, may be granted to the person who lend themselves to the removal of elements of their body or to the collection of their products. The full costs associated with removal or collection are nevertheless covered by the health care institution responsible for carrying it out. Oocyte donors benefit from an exemption from co-payment for 6 months for all care and treatment related to the donation.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
Donor recruitment takes account of age, general state of health, personal and family history, results of health tests, and findings from sperm characteristics or gynaecological examination (in particular assessment of ovarian function).
A psychological interview is held.
A full and documented study of the genealogical tree of the gamete donor is made in order to identify risk factors for transmission of a genetic anomaly to the child. Any suspected anomaly is an indication to complete the work-up. A karyotype is performed.
The age limits set by the decree on good practices in MAP are 18 to 45 years for male donors and 18 to 37 years for female donors.
Since the law n°2021-1017 of 2 August 2021 on bioethics, the donor must expressly consent in advance to the communication of his non-identifying data (age, general state, physical characteristics, family and professional situation, country of birth, motivation for the donation) and his identity to the person resulting from his donation (at the latter's request). In the event of refusal, those wishing to donate cannot proceed with the donation.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Matching on phenotypic criteria (physical characteristics, blood type) between the recipient couple and the donor(s) is possible. It is optional and offered to applicants.
10. Are there special measures for the prevention of consanguinity? Yes. A maximum of ten children may be born from the use of gametes originating from the same donor. This control is exercised by the Agence de la biomédecine.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
Since the law n°2021-1017 of 2 August 2021 relating to bioethics, in the context of a MAP with a third-party donor, filiation with regard to the partner of the woman who gave birth to the child may be established by means of an anticipated joint acknowledgement (for MAPs carried out after the law came into force) or by a joint acknowledgement (transitional arrangement applicable to couples of women who had recourse to MAP abroad before the publication of the said law). These joint acknowledgements are made before a notary. The partner of the legal parent may also adopt (simple or full adoption) the child of his/her spouse, partner linked by a civil solidarity pact or cohabitant. Law No 2022-219 of 21 February 2022 aimed at reforming adoption has opened up adoption to unmarried couples. - The couple must, in this context, be married. However, a bill currently being discussed in Parliament intends to open adoption to all couples, even unmarried ones.
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? No; For women not living in a heterosexual couple? No
b. Risk of transmission of a disease
For a heterosexual couple? No; For women not living in a heterosexual couple? No
c. Other Yes
Since the law n°2021-1017 of 2 August 2021 on bioethics, medically assisted procreation is no longer conditional on medical criteria. The criteria linked to medically established pathological infertility or the transmission of a particularly serious disease, which conditioned access to MAP, have been removed. Recourse to MAP is now conditional on the existence of a parental project (Article L. 2141-2 of the Public Health Code).
19. Is there an important current debate in your country on these or related issues? Yes. Legislation pertaining to assisted human reproduction (AHR) is currently being developed. The draft General Scheme of legislative provisions has been completed and submitted to the relevant parliamentary committee which published the report of its review in July 2019, making recommendations which include proposals related to both broad policy objectives and more technical amendments. Its recommendations are being considered during the ongoing process of drafting this the AHR Bill. Until the enactment of the Children and Family Relationships Act 2015, the provision on assisted human reproduction treatment was largely unregulated. There has been and will continue to be widespread stakeholder engagement and national debate on these sensitive and complex matters.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
Roche -v- Roche & ors (2009)
Supreme Court unanimously dismissed an appeal by a separated mother requesting to have three frozen embryos implanted in her womb against the wishes of her estranged husband.
The appeal was brought on the following grounds:
Judgment
Legally Enforceable Agreement:
During their treatment the parties signed four consent forms as required by the clinic. As consent forms, they were found not to contain the necessary criteria for legal contracts.
None of the consent forms dealt with the three surplus frozen embryos, therefore, there was no evidence that the respondent gave his consent to their implantation.
Constitutional Protection:
Article 40.3.3 of the Irish Constitution protects the right to life of the unborn “with due regard to the equal right to life of the mother”. The Court interpreted this provision as meaning there must be a physical link between the unborn and the mother i.e. implantation in the womb.
The Court decided that the purpose of the 8th Amendment to the Constitution (1983 Referendum) was to prevent the de-criminalisation of abortion and that issues relating to IVF were not considered or foreseen.
A number of the Judgments stated that if respect for an embryo were carried to the point of equating it to the “unborn” a situation might arise where some methods of contraception e.g. morning after pill would be outlawed.
High Court Ruling: http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/e5617d292b7b6b268025724800329992?OpenDocument
Supreme Court Ruling: http://www.courts.ie/Judgments.nsf/0/0973CBD1FD5204028025768D003D60F7
MR and Anor – v- An tArd Chlaraitheoir & Ors [2014]
This case concerned an arrangement whereby a woman agreed to act as a surrogate for her sister and brother-in-law (the commissioning couple). The commissioning couple provided the genetic material (egg and sperm), which ultimately resulted in the birth of twins. The commissioning couple sought to have the birth register altered so that both the commissioning couple were registered as the legal parents. The Registrar refused to do so, on the principle that he woman who has given birth to a child is always regarded as the legal mother. That refusal was challenged in the High Court.
In his judgment of 5th March 2013, Judge Abbott found in favour of the commissioning couple. He held that the genetic mother, and not the birth mother, was the mother, and that the person with the genetic/blood link was entitled to be registered as the parent on the birth certificate.
In February 2014, the State appealed Judge Abbott’s decision on the grounds that: it could create uncertainty regarding the parentage and parental rights of children born as a result of egg donation; demean the role of birth mother; lead to an opinion that commercial surrogacy is not unlawful; and result in the Registrar requiring genetic proof of maternity for every birth.
In November 2014 the Supreme Court overturned the High Court decision on the basis that the case had raised important, complex and social issues which are best addressed by the Oireachtas rather than the judiciary.
High Court Ruling: http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/e3f0dc917872554c80257b250052dab3?OpenDocument
Supreme Court Ruling: http://www.courts.ie/Judgments.nsf/0/E238E39A6E756AB480257D890054DCB6
Children and Family Relationships Act 2015 – Parts 2 and 3 deals with parentage matters arising from donor assisted human reproduction. It is available at http://www.irishstatutebook.ie/eli/2015/act/9/enacted/en/html
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Under the Children and Family Relationships Act 2015, gamete and embryo donation are permitted on a non-anonymous basis. In addition, this legislation provides for the establishment of a National Donor-Conceived Person Register, which will allow donor-conceived children to access certain information regarding the gamete/embryo donor involved in procedures leading to their conception. It is intended that the proposed legislation pertaining to assisted human reproduction will deal with the broader issues relating to donor conception (e.g. age limits, screening, storage periods, the avoidance of consanguinity and donation for research purposes).
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. Under the Children and Family Relationships Act 2015, commercial gamete and embryo donation is prohibited. Gamete and Embryo donation may only operate on an altruistic basis and the reimbursement of reasonable expenses incurred as part of the donation process will be permitted. Reasonable expenses, for the purposes of the Act means: travel costs, medical expenses and any legal or counselling costs incurred by the donor.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes. The Children and Family Relationships Act 2015, sets out a number of criteria in relation to the consent of gamete/embryo donors. For instance, a donor must be over 18 and must give consent in writing, having confirmed that s/he has been informed that s/he will not be the parent of a child born through the donation. The consent must be witnessed. The donor must agree, when consenting, to the inclusion of information about him/her on the National Donor-Conceived Person Register. The consent must also indicate that the donor understands that a donor-conceived child may seek to contact her/him. Assisted human reproduction clinics should be satisfied that where donated gametes/embryos are being imported from another jurisdiction, the consent process in the other jurisdiction is in line with the stipulations set out above. Under the proposed assisted human reproduction legislation, donors will undergo medical screening in accordance with requirements set out under SI No. 158/2006 European Communities (Quality and Safety of Human Tissues and Cells) Regulations 2006
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? No
10. Are there special measures for the prevention of consanguinity? Ireland has a relatively small population size, which could increase the risks of inadvertent consanguinity between individuals conceived using gametes from the same donor. It is proposed that the assisted human reproduction legislation will place a maximum limit of four families to which gametes/embryos from the same donor can be donated.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
Under the Children and Family Relationships Act 2015, the parents of a donor-conceived child who is born as a result of a donor assisted human reproduction procedure are
(a) the mother, and
(b) the husband, civil partner or cohabitant, as the case may be, of the mother.
The Act of 2015 does not encompass surrogacy.
19. Is there an important current debate in your country on these or related issues? NA
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
16. Is donation of sperm/oocytes/embryos anonymous? NA
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation? NA
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? NA
19. Is there an important current debate in your country on these or related issues? NA
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
19. Is there an important current debate in your country on these or related issues? No
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? Yes; For women not living in a heterosexual couple No?
b. Risk of transmission of a disease
For a heterosexual couple? Yes (HIV); For women not living in a heterosexual couple? No
c. Other NA
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? Yes
b. possible for women not living in a heterosexual couple? No
16. Is donation of sperm/oocytes/embryos anonymous? Yes. A child born as a result of assisted reproduction using the donor's gametes, as well as a donor of gametes, may, with the permission of the court, be provided with information about the relevant donor of gametes, or the child born as a result of the use of the donor's gametes, if this information is necessary for the child's or the gamete donor's health or for other compelling reasons.
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation?
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
b. Certain health information concerning the donor(s)
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
c. Other information
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No. A child born as a result of assisted reproduction using the donor's gametes, as well as a donor of gametes, may, with the permission of the court, be provided with information about the relevant donor of gametes, or the child born as a result of the use of the donor's gametes, if this information is necessary for the child's or the gamete donor's health or for other compelling reasons.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No. Persons who have signed an informed consent to assisted reproduction are considered the legal parents of the child born after assisted reproduction.
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes / oocytes Yes / embryos No.
Donated embryos can only be used for research purposes in vitro, not for assisted reproduction.
Simultaneous use of donated egg and sperm is not allowed. An exception has been made for lesbian couples so that an oocyte may be collected from one of the women, fertilized with donor sperm, and the resulting embryo implanted into the womb of the other woman in the couple.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. National guidelines set maximum amount for compensation to donors. In addition to documented travel expenses, sperm donors may receive NOK 750 and oocyte donors NOK 5300 per donation. Amounts have been set to compensate donors for their time and possible inconveniences incurred by the donation.
8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes / oocytes Yes / embryos No.
Criteria for donation of sperm:
Criteria for donation of oocytes:
To prevent the use of sperm from diseased donors and to ensure that information about the donor (name, address) can be provided to the child when reaching 15 years of age, Norwegian citizenship or permanent habitual permission is required.
There will be an interview to ensure that the decision of the donor has the necessary maturity and an altruistic motivation and to ensure that the donor understands the consequences and is informed that future children may make contact. The donor must give a written consent. If the consent is withdrawn, unused sperm/oocytes must be destroyed.
Donation of embryos is forbidden.
Testing of donors follow the procedures and criteria set out in the EU Directives on tissues and cells.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. The Biotechnology Act requires that the attending physician select a suitable donor. It is recommended that the physician chooses a donor that has a close physical resemblance to the parents-to-be. Donors should not be chosen based on other criteria.
10. Are there special measures for the prevention of consanguinity? Yes.
A national registry of donors has been established to enable children that are conceived in Norway by donor sperm or donor oocyte to know the identity of the donor when reaching the age of 15 (or 18 for those born from gametes donated before 2021),
Sperm from one donor can be used by up to 6 families, this is specified in the consent form. The number of donation cycles for an oocyte donor is limited to 3. There is no maximum number of families.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. Rules of parentage for the second mother (the women not giving birth) have been established.