Access to medically assisted procreation - Search
Iceland - Right to know about his or her biological origin for children born after MAP
16. Is donation of sperm/oocytes/embryos anonymous? sperm Yes/oocytes Yes/embryos -
See art.18 reg.568/1997 (If a donor wishes to remain anonymous, health workers are obliged to ensure that this is respected. In this case, the donor may neither receive information about the couple receiving the donated gamete or the child, nor the couple or the child receive information about the donor. If a donor does not wish to remain anonymous, the institution shall preserve information about him in a special file. If the donation of gamete leads to the birth of a child, information about the child and the couple who received the gamete shall be kept in the same file. A child born on account of a gamete donation where the donor does not wish to remain anonymous can at the age of 18 gain access to a file pursuant to paragraph 2 for the purpose of obtaining information about the identity of the donor. If a child receives information about the gamete donor at the institution, the said institution shall as soon as possible inform the donor that the information has been given.)
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
The child cannot obtain information if the donor has wished to remain anonymous, See art.18 reg.568/1997.
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
The child cannot obtain information if the donor has wished to remain anonymous, See art.18 reg.568/1997.
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
The child cannot obtain information if the donor has wished to remain anonymous, See art.18 reg.568/1997.
c. Other information
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
The child cannot obtain information if the donor has wished to remain anonymous, See art.18 reg.568/1997.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No. See art.6, Act in respect of Children, no. 76/2003 (A man who has agreed that his wife be artificially inseminated according to the Act on is deemed to be the father of a child so conceived. The same applies to a man and a woman who have registered their cohabitation with the National Registry. A man who donates sperm for the purpose of it being used in artificial insemination of a woman other than his wife or cohabiting spouse, cf. paragraph 1, according to the provisions of the Act on Artificial Insemination will not be deemed to be the father of a child conceived with his sperm. -A man who donates sperm for another purpose than stipulated in paragraph 2 is deemed to be the father of a child conceived with his sperm unless the sperm is used without his knowledge or after his decease.)
Serbia - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues?
We have for many years very vivid discussions about surrogacy in whole media and public debates.
The case of women (newspapers and TV): after accidental death of her partner the medical and law authorities didn’t allow her to use their freeze embryos for MAP. The case is on the Court.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
Türkiye - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? No
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No
8. Are there specific criteria for donation of sperm/oocytes/embryos? Oocyte and embryo donation are prohibited.
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? Yes. Sperm, oocyte and embryo donation is forbidden.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No
Norvège - Sperm/oocyte/embryo donation
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:
- good health (both physical and mental) and “normal” sperm
- no known contagious diseases (as required by the EU directives on quality and safety of tissues and cells)
- no known serious inheritable diseases (based on the donors information. No chromosomal analysis or tests for single gene disorders will performed)
- must be over 18 and ideally between 25 and 45 years of age
Criteria for donation of oocytes:
- good health (both physical and mental) and “normal” egg reserves, hormonal status and no indication of infertility on ultrasound
- no known serious inheritable diseases (based on donor information from donor. No chromosomal analysis or tests for single gene disorders will performed)
- must be between 25 and 35 years of age
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.
Norvège - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? No
b. possible for women not living in a heterosexual couple? Yes. Lesbian couples have had access to MAP since 2009. Single women who live alone have access to MAP since 2021.
Pays-Bas - Right to know about his or her biological origin for children born after MAP
16. Is donation of sperm/oocytes/embryos anonymous?
sperm No / oocytes No / embryos No. The law requires professionals who carry out the MAP, to provide data about the donor(s) to a national registration.
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 Yes
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents No; 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 Yes; ii. For the parents Yes; iii. For a court Yes
Parents can obtain information about physical characteristics, education and profession and medical issues.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No
Pays-Bas - Legal regulation or practice and access to MAP
Title of the law:
- Wet houdende regels inzake handelingen met geslachtscellen en embryo’s (Embryowet) (= Act containing rules relating to the use of gametes and embryos) (Embryos Act). Next to that, a Guideline from the Dutch Society for Obstetrics and Gynaecology states medical criteria. Furthermore it specifies practices with regard to for instance in vitro fertilization, the storage of embryos, oocyte- donation.
- Wet Bijzondere Medische Verrichtingen (= Act on special medical operations). This act, and the lower legislation based on it, require clinics to have permission of the Minister of Health to perform in vitro fertilization.
Date of adoption and entry into force: Embryos Act: 20 June 2002 - Act on special medical operations 24 October 1997.
Published in: Staatsblad van het Koninkrijk der Nederlanden
Pays-Bas - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? No
b. possible for women not living in a heterosexual couple? Yes. Basic principle is to have no difference in access for single or lesbian women. However, some IVF-centers apply a stricter selecting policy then others.
Iceland - Medical aspects
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? No; For women not living in a heterosexual couple? No
c. Other
See Art. 3 in Act no. 55/1996 (Artificial fertilisation may only be carried out if: a) the woman undergoing the procedure has been living with a man, married or in a non-formalised relationship, continuously for at least three years, and they have both given written consent in the presence of witnesses.
b) the age of the couple may be deemed natural, inter alia with regards to the welfare of the child as he/she grows up.
c) the mental and physical health and the social circumstances of the couple are good, and
d) other procedures to overcome infertility have failed or are unavailable.)
Iceland - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? Yes. As previously stated, a debate has been ongoing on the necessity of revising the law on artificial insemination, specifically with regards to issues pertaining to embryonic stem cell research.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
Ukraine - Right to know about his or her biological origin for children born after MAP
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 No; ii. For the parents No; iii. For a court Yes
a. Identity of the donor(s)
i. For the child him or herself NA; ii. For the parents NA; iii. For a court Yes
b. Certain health information concerning the donor(s)
i. For the child him or herself NA; ii. For the parents NA; 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 Yes
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes
Hungary - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? Updating of the national regulation is intended in the next future.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. In 2015 a case has been concluded by the Hungarian supreme court (Kúria) where paternity was contested after MAP based on the exception if the husband had not consented to the MAP intervention.
The married couple separated shortly after the birth of the child. The couple had agreed about procreating a child with MAP intervention. The separated husband contested his paternity because a genetic DNA test excluded his biological parentship while supported that of the mother. The court has accepted the action of the ex-husband not to be the father based on the fact that he consented to generate a child with MAP but did not consent to the actual intervention; the document of consent did not contain that the sperm might come from a foreign donor. Not the fact that he could not be the biological father but the lack of a legally valid declaration of consent served as the base of the judgement. (Case EBH2015 P.8.)
Ireland - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples?
b. possible for women not living in a heterosexual couple?
Based on the principles of equality and non-discrimination, it is proposed that the legislation will provide that assisted human reproduction services should be available to people irrespective of their gender, marital status or sexual orientation subject to consideration of the welfare of any future children.
Greece - Legal regulation or practice and access to MAP
Both laws are in force now in Greece:
This law mostly regulates issues of affiliation with the child to be born by medically assisted reproduction. This law also legalizes post-mortem insemination and surrogate motherhood, under certain conditions which are specified in the relevant articles.
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In 2005, Law 3305 was enacted regarding Medically Assisted Procreation in Greece. Whereas the previous law 3089 regulates mainly issues of affiliation of the child to be born with her parents, this law supplements the previous one and mainly regulates the way in which Units of MAP function. It describes the methods of MAP, conditions of application, informed consent issues, cryopreservation of gametes, gamete donation, embryo research, surrogacy, traceability etc. Moreover it provides for both administrative and penal sanctions for the perpetrators in case of violation of the law. It also establishes the responsible control mechanism, namely the National Authority for Medically Assisted Reproduction. According to this law methods of MAR are applied in a way which safeguards respect to the freedom of the individual and the right to development of personality (i.e. a right protected by the Greek Constitution), as well as the satisfaction of the desire to have a child , always according to the principles of Bioethics. The law further stipulates that the above mentioned application shall always take into consideration the welfare of the child to be born.
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Germany - Right to know about his or her biological origin for children born after MAP
16. Is donation of sperm/oocytes /embryos anonymous? sperm No/oocytes - /embryos No
With regard to the question of whether sperm donations for MAP purposes may remain anonymous, recourse is made to the ruling of the Federal Constitutional Court which states that the general right of personality (Article 2(1) in conjunction with Article 1(1) of the Basic Law [Grundgesetz – GG]) also applies to the child’s knowledge of his/her parentage and protects against the withholding of obtainable information about one’s parentage (consistent past decisions since the Federal Constitutional Court decision of 31 January 1989 – 1 BvL 17/87 - BVerfGE 79, 256). Therefore, the Sperm Donor Register Act provides that the physician who oversees the sperm donation must ensure that the child will later on be able to find out who his/her father is. Anonymising the sperm donation or the use of pooled sperm for artificial fertilisation is not permissible. According to the Model Guidelines of the German Medical Association on the performance of assisted reproduction, the physician must inform the sperm donor that he/she is required to disclose the name of the donor to the child on request and cannot, in this regard, invoke medical confidentiality.
In January 2015, the Federal Court of Justice (Judgment of 28 January 2015 – XII ZR 201/13, BGHZ 204, 54) ruled that children have the right to ask the treating reproductive health physician or sperm bank to disclose the name of the sperm donor from the medical treatment agreement between the parents and the clinic.
These principles were implemented in the Sperm Donor Register Act.
The same rules apply for the donation of embryos, as far as permitted under the Health Law. The coalition agreement provides for the opportunity to submit information about embryo donations to the Sperm Donor Register, this is subject to ongoing legislation.
Regarding oocytes, German Law does not permit any oocyte donation. Therefore, there is no rule in place to identify the genetic mother of a child born by another woman. Section 1591 of the Civil Code determines legal motherhood in terms of gestation only, the woman who gestates is the mother of the child. Whether a court can require a mother to inform the child about his or her genetic mother has not been tested yet in jurisprudence.
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
Pursuant to Section 10(1) of the Sperm Donor Register Act a person who assumes to have been conceived through sperm donation has the right to information from the sperm donor register (limited to the child seeking information or his or her parents as legal representatives of the child underage).
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
See response to question 17.
Unlike the child, the legal parents are not entitled to learn the identity of the sperm donor. Pursuant to the data protection provisions under the Transplantation Act, the sperm donor and the legal parents are to remain anonymous to one another.
In case of litigation, courts have to decide on the above-mentioned rights; however, the courts themselves are not intrinsically entitled to request information about the parentage of a child.
b. Certain health information concerning the donor(s)
i. For the child him or herself No; ii. For the parents No; iii. For a court No
Pursuant to Section 2(3) of the Sperm Donor Register Act voluntary information about the sperm donor can be recorded in the sperm donor register. Unless the Donor withdraws his consent to store and use this data, the child is entitled to receive respective information upon request.
c. Other information
i. For the child him or herself No; ii. For the parents No; iii. For a court No
See response to question 17b.
In case of litigation, courts have to decide on the above-mentioned rights; however, the courts themselves are not intrinsically entitled to request information about the parentage of a child.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions?
German law does not provide for maternity to be challenged. A child’s mother is – also where MAP has been used – the woman who has given birth to him/her (Section 1591 of the Civil Code). In rare cases the woman registered as the mother is in fact not the biological mother of the child; in those cases, however, the correction of the birth register (to replace this woman by the woman who has borne this child) is carried out by the civil status authority outside a contestation proceeding.
In contrast, it is in principle possible to challenge the paternity of children born as a result of assisted reproduction (Sections 1599 et seqq. of the Civil Code). The persons entitled to do so are the legal father, the man who declares in lieu of an oath that he had sexual intercourse with the mother of the child during the period of conception, the mother and the child (Section 1600 (1) of the Civil Code). However, any challenge to paternity by the father and the mother is excluded if they have both agreed to the artificial fertilisation (Section 1600(4) of the Civil Code). A challenge to paternity by the sperm donor fails because he cannot affirm on oath that he has had sexual intercourse with the mother. The child, however, is entitled to challenge paternity if donor-assisted MAP has taken place.
Germany - Medical aspects
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
On the basis of Section 3a(2) of the Embryo Protection Act a pre-implantation genetic diagnosis is exceptionally permitted where the genetic predisposition of the woman from whom the egg cell was collected, or that of the man producing the sperm cell, or both, suggest that their offspring will be highly likely to have a serious genetic illness or to identify an abnormality that would be highly likely to lead to still-birth or miscarriage. With regard to the further requirements for a pre-implantation genetic diagnosis, reference is made to Section 3a(2) and (3) of the Embryo Protection Act. The execution of the MAP, in these cases, depends on the result of the pre-implantation genetic diagnosis.
c. Other
Pursuant to Section 6(2) of the Tissues and Cells Regulation of the Transplantation Act, the use of sperm cells for heterologous fertilisation, as a medically assisted procreation technique requires that the sperm donor is medically assessed as suitable for sperm donation, regarding his age, state of health and medical history and that the use of the donated sperm will not pose any health risks to others. Sperm donors are selected according to the criteria and laboratory tests laid down in Annex 4 Numbers 2 und 3 of the Tissues and Cells Regulation of the Transplantation Act. Annex 4 has implemented the selection criteria and laboratory tests for donors of reproductive cells laid down in Annex III of the Directive 2006/17/EC of 8 February 2006 as regards certain technical requirements for the donation, procurement and testing of human tissues and cells in national law. For this purpose, in particular, the donors’ serum or plasma samples must be tested and found negative for HIV 1 and 2, HCV, HBV and syphilis. Furthermore, urine samples of sperm donors must be tested and found negative for chlamydia by the nucleic acid amplification technique (NAT).
Additional aspects are set out in the Guidelines of the German Medical Association, paragraph 2.7.
Hungary - Legal regulation or practice and access to MAP
- Title of the law: Health Act, Act CLIV of 1997, Chapter IX (further: Act)
- Date of adoption: 23.12.1997
- entry into force: 01.07.1998
- Published in: Magyar Közlöny Nr 119, 1997
Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: not actually
- Title of the law: decree Nr. 30/1998 of the Minister of Welfare (further: Decree)
- Date of adoption: 24.06.1998
- Entry into force: 01.07.1998
- Published in Magyar Közlöny Nr. 54, 1998.
Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: intention of revision in the near future
Ireland - Current debate and specific situations
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:
- To decide whether there was a legally enforceable agreement between the parties as to what would happen to the frozen embryos
- To decide whether constitutional protection afforded to the life of the “unborn” (Article 40.3.3) extends to the 3 frozen embryos at issue.
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
Ireland - Sperm/oocyte/embryo donation
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.
Italy - Current debate and specific situations
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.
- ART 1-4 Access to assisted reproductive technology is allowed only when the causes of sterility cannot be defeated by other means. The techniques are applied according to principle of graduality and with the written and informed consent of the couple.
- ART 5 Only heterosexual couples over the age of eighteen that are of potentially fertile age have access to ART.
- Art 8-9 The child born after ART has the status of legitimate and acknowledged child and it can not be disavowed.
- ART 10-11 ART can be performed only in authorized and accredited Centres by Istituto Superiore di Sanità.
- ART 13-14 Any experimentation on embryo is prohibited. Observational clinical research on embryos is permitted only in the interest of the embryo.
- More embryos than the number necessary for a single contemporary implantation are not allowed to be produced (The number required is no more than three).
- Crioconservation is allowed only if required by a particular (transitory) woman’s health condition.
- ART 16. Conscientious objection is also recognized