• Title of the law: Ley 14/2006, de 26 de mayo, sobre técnicas de reproducción humana asistida (Law 14/2006 on assisted reproductive techniques)
• Date of adoption [and entry into force]: 26 May 2006
• Published (entry into force) in: Boletín Oficial del Estado nº 126, 27 May 2006 (the modification of this law has been published in Boletín Oficial del Estado nº 167, 15 October 2015).
• Title of the law: Real Decreto 1030/2006, de 15 de septiembre, por el que se establece la cartera de servicios comunes del Sistema Nacional de Salud y el procedimiento para su actualización (Royal Decree 1030/2006, of 15 September, establishing the porfolio of common services of the National Health System).
• Date of adoption [and entry into force]: 16 September 2006
• Published (entry into force) in: Boletín Oficial del Estado nº 222, 16 September 2006

6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes/oocytes Yes/embryos Yes

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. The National Commission for Assisted Reproduction approved in 1998 the figure of 600 euros as compensation for the expense and inconvenience of the donor. Currently some private clinics are paying 1000 euros.

8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes/oocytes Yes/embryos Yes

• Donor: Adult (18 years old or more) and legally capable.

Sperm donor: no more than 50 years old. Oocyte donor: no more than 35 years old.

• No lucrative or commercial purposes.
• Good psychophysical health and they do not suffer from genetic, hereditary or transmissible infectious diseases to offspring.
• Written contract.

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Matching appearance and immunological compatibility of donor and future parent(s).

10. Are there special measures for the prevention of consanguinity? Yes. No donor can be parent of more than six children. This is controlled through the National Registry of Donors and the banks of the clinics of assisted reproduction.

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No

19. Is there an important current debate in your country on these or related issues? The Spanish Surrogate Association is promoting the legalisation of this method as another Assisted Reproductive Technology.

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. -

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

c. Other N/A

1.      Is access to medically assisted procreation (MAP) (artificial insemination, in vitro fertilization procedures (IVF)

• restricted to heterosexual couples? Yes
• possible for women not living in a heterosexual couple? Yes

Every woman over 18 years with full capacity to act may be a recipient or user of the techniques regulated by this Law, provided that he has given his written consent. The woman may be user or recipient of the techniques covered in this law regardless of their marital status and sexual orientation.

3. Are MAP procedures covered by the social security system? Yes. Where permitted by law: infertility, therapeutic or preventive purposes.

4. Are there specific criteria for such coverage? Yes. 

Medically assisted procreation (MAP) is applied in the National Health System to people who meet the following criteria or situations including:

1. Women will be over 18 and under 40 and men over 18 and under 55 years at the time the infertility was taken into consideration.

2. People without any child, prior and healthy. In case of couples, no common, prior and healthy child.

3. The woman did not present any pathology in which pregnancy may have caused a serious and uncontrollable risk, both for their health and for their potential offspring.

5. Is the financial coverage limited to a number of MAP procedures? Yes. 

The financial coverage limited to:

Three IVF procedures only

Artificial insemination with sperm from the couple: maximum number of cycles, four

Artificial insemination with donor gamete: maximum number of cycles, six.

16. Is donation of sperm/oocytes/embryos anonymous?

sperm Yes / oocytes Yes / embryos 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 Yes; iii. For a court Yes

a. Identity of the donor(s)

i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes

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