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? 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 - No; 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 - 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 conditions? No
19. Is there an important current debate in your country on these or related issues? Yes. There was a great discussion in Saeima about surrogate motherhood. A conclusion has not yet been reached.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
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
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/AIDS, Hepatitis etc. For women not living in a heterosexual couple? Yes
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Sperm/oocytes/embryos can be donated only if the person concerned agrees with it.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. Financial compensation of expenses and loss of income.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes. Age limit, health status, informed consent.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? No. But usually the blood group and appearance are matched, if possible.
10. Are there special measures for the prevention of consanguinity? Yes. Limited number of donations, but this is a recommendation, not a law.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. But this was breached last week (half of May 2018). A gay couple who brought a child from surrogacy in the USA, was recognized by the Supreme Court as a full-fledged fathers. The reason was the best interest of the child. Nevertheless, in December 2020, a proposal to amend the wording of the law allowing adoption by homosexual couples was rejected.
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes
In general, all men can donate sperm and all women can donate oocytes if this does not involve any known serious genetic or infectious risk. The establishments in charge of testing, processing, preservation, storage or distribution of human tissues and cells have the responsibility to ensure the quality of sperm and oocytes. Donation of embryo is only permitted for research purposes, not for assisted reproduction.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. It is not allowed to sell or otherwise assist in the sale of unfertilized or fertilized oocytes. The compensation to the donor for donation of oocytes is, therefore limited to expenses actually incurred and disadvantages that are directly related to the donation.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes. In general, all men can donate sperm and all women under the age of 35 years can donate oocytes if this does not involve any known serious genetic or infectious risk. The establishments in charge of testing, processing, preservation, storage or distribution of human tissues and cells have the responsibility to ensure the quality of sperm and oocytes. Donation of embryos is only possible for research purposes, not for assisted reproduction.
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. A sperm donor cannot have more than twelve offsprings.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
By December 2013 the Children Act was amended with rules on co-maternity. Co-maternity can be established when the mother has been treated with assisted reproduction and has a female spouse or partner who has agreed to the treatment.
In other cases, homosexual couples have the same rights to adoption as heterosexual couples, which also include the possibility for stepchild adoption.
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.
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
3. Are MAP procedures covered by the social security system? Yes. Public health services include MAP procedures. Pursuant to the Health Insurance Act (sairausvakuutuslaki; 1224/2004), health insurance covers the cost of necessary medical care when infertility is caused by an illness. Infertility is in addition paralleled to illness in cases of permanent relationships where the pregnancy does not start within one year. Also men are covered.
4. Are there specific criteria for such coverage? Yes. Pursuant to the practice instructions of the Socio-medical Advisory Board of the Social Insurance Institution of Finland, MAP-procedures are available within the public health care to women until the age of 40. Also women over 40 years are treated if the prognosis is good. The costs are reimbursed by the health insurance scheme until the age of 43 years. In case of older women, the health insurance coverage is assessed on a case-by-case basis in the light of the medical data of the woman concerned.
5. Is the financial coverage limited to a number of MAP procedures? Yes.
The financial coverage has not been limited by law. The number of MAP procedures has however been limited to three attempts in the practice of the Social Insurance Institution of Finland, because according to statistics, the prospect of a successful procedure is known to decrease thereafter.
Infertility related to a decrease in the amount of gametes caused by aging is not considered an illness and is thus not covered as necessary medical care by the health insurance. MAP procedures are usually not covered after sterilization either. Possible costs borne by a cell donor are not covered, because they are unrelated to the treatment of the donor’s disease.
The insurance coverage of MAP procedures for an applicant over 43-years of age is decided upon on a case-by-case basis. An application for reimbursement is made with the Social Insurance Institution of Finland for both the medicines and the procedure itself. A statement by the doctor providing treatment must be attached to the application.
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
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? Yes/No; For women not living in a heterosexual couple? Yes/No
Medical grounds are used as the criteria for accessing MAP in the public health care. In practice however the reasons for infertility are not always known and this has not prevented public sector clinics from providing treatment in particular to heterosexual couples (i.e., provision of treatment has not always been based on a diagnosed medical condition). Another reason for not providing MAP for same-sex female couples and single women has been the lack of available donated gametes. These criteria are, however, not provided for in the legislation.
b. Risk of transmission of a disease
For a heterosexual couple? Yes; For women not living in a heterosexual couple? Yes
MAP cannot be provided if the pregnancy would pose a substantial risk to the health of the woman or of the child due to the age or health of the woman. The donor cannot donate gametes if he has a serious hereditary disease or any communicable disease that may cause a serious illness to the woman receiving assisted fertility treatment or to the child who may be born as a result of the assisted fertility treatment.
c. Other 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
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.
The HFEA permits UK licensed clinics to compensate egg donors up to the fixed amount of £750 per cycle of donation and up to £35 per clinic visit for sperm donors. Guidance is provided to clinics in the HFEA’s Code of practice (https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf) and HFEA General Directions (http://ifqtesting.blob.core.windows.net/umbraco-website/1547/2017-04-03-general-direction-0001-version-4-final.pdf).
The HFEA also permits benefits in kind, such as egg sharing. Egg sharing arrangements where a woman who needs IVF treatment agrees to share her eggs with another woman needing donated eggs, in return for free or reduced rate treatment. Again guidance is contained in the HFEA code of practice: https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
a) The HFEA provides guidance to UK licensed clinics in its Code of Practice: https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf
Clinics should refer to the relevant professional body guidelines on age limits before accepting gametes for the treatment of others. Gametes for the treatment of others should not be taken from anyone under the age of 18. A donor must not be selected because they are known to have a particular gene, chromosome or mitochondrial abnormality that, if inherited by any child born as a result of the donation, may result in that child having or developing:
a) serious physical or mental disability
b) A serious illness
c) Any other serious medical condition
The use of gametes from donor known to have an abnormality as described above, should be subject to consideration of the welfare of any resulting child and should normally have approval from a clinical ethics committee.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Centres are not expected to match the ethnic background of the recipient to that of the donor. Where a prospective recipient is happy to accept a donor from a different ethnic background, the centre can offer treatment, subject to the normal welfare of the child assessment.
10. Are there special measures for the prevention of consanguinity? Yes. The HFEA maintains a register of all donors and patients who have had a child using donor gametes. Children born following donor conception who intend to enter into an intimate physical relationship can submit a joint application to the HFEA to establish whether they are genetically related. Also, anyone who intends to marry, or enter into a civil partnership may submit a joint application to establish whether they are genetically related. A single donor can contribute to a maximum of 10 families. After this limit is reached the donor can no longer be used, one reason for this being to reduce the risk of consanguinity.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
The legal provisions on who can be a child’s legal parent and what conditions must be met is set out in the HFEA Act.
Where a woman in a civil partnership is seeking treatment using donor sperm, or embryos created using donor sperm, the woman’s civil partner will be treated as the legal parent of any resulting child unless, at the time of placing the embryo or sperm and eggs in the woman, or of her insemination:
a) A separation order was in force, or
b) It is shown that the civil partner did not consent to the placing in her of the sperm and eggs, or embryos, or to the insemination
Where a woman is being treatment together with a female partner (not a civil partner) using donor sperm, or embryos created with donor sperm, the female partner will be the other legal parent of any resulting child if, at the time the eggs and sperm, or embryos, are placed in the woman or she is inseminated, all the following conditions apply:
a) Both the woman and her female partner have given a written, signed notice (subject to the exemption for illness, injury or physical disability) to the centre consenting to the female partner being treated as the parent of any resulting child
b) Neither consent was withdrawn (or superseded with a subsequent written note) before insemination/transfer, and
c) The patient and the female partner are not close relatives (within prohibited degrees of relationship to each other as defined in section 58(2), part 2, HFE Act 2008)
Human Fertilisation & Embryology Act 1990 date of adoption and entry into force: 1 August 1991
HFEA Act 2008 received Royal assent on 13 November 2008.The HFE Act 2008 came into force in three stages:
Phase one: On April 6 2009 part 2 of the Act, the revised definitions of parenthood, took effect.
Phase two: In October 2009 the amendments to the 1990 legislation take effect. Examples of these amendments include research on human admixed embryos, and removal of the ‘need for a father’.
Phase three: In April 2010 people in same sex relationships and unmarried couples are able to apply for authorisation allowing them to be treated as parents of children born using a surrogate.
Phase four: In January 2019 single people are able to apply for authorisation allowing them to be treated as parents of children born using a surrogate.
1. Is access to medically assisted procteation (MAP
a. restricted to heterosexual couples? NA
b. possible for women not living in a heterosexual couple? NA
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
3. Are MAP procedures covered by the social secirity system? Yes. Infertility is defined as a disease.
4. Are there specific criteria for such coverage? Yes. Procedures are covered for infertile couples (infertility is considered a disease), for women up to 42 years (natural generative age, estimated by the professional society)
5. Is the financial coverage limited to a number of MAP procedures? Yes. Social health insurance covers up to 4 intrauterine insemination procedures (IUI) and up to 6 in vitro procedures (IVF)
2. Are there specific criteria for access to MAP?
a. Infertility
i. for a heterosexual couple? Yes. Access to MAP have heterosexual couples
ii. for women not living in a heterosexual couple? Yes.
b. Risk of transmission of a disease (please specify the risk and/or disease)
i. for a heterosexual couple? Yes
ii. for women not living in a heterosexual couple? Yes. Access to MAP for single women when there is a risk of transmission of severe hereditary disease
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
19. Is there an important current debate in your country on these or related issues? No
20. Delegations are invited to provide information on particular cases encountered in their country.
There is as yet no case law on medically assisted procreation.
Unfortunately, the only text available in English is the draft bill, which is slightly different from the version that has been adopted.
2. Are there specific criteria for access to MAP?
a. Infertility
i. for a heterosexual couple? Yes.
ii. for women not living in a heterosexual couple? Non
b. Risk of transmission of a disease (please specify the risk and/or disease)
i. for a heterosexual couple? Yes
ii. for women not living in a heterosexual couple?
Access to MAP for homosexual couples, for whatever reason, is not accepted.
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. The expenses borne by the patient, a possible loss of income and any other inconvenience caused by the MAP may be compensated. For ovum donation, a maximum amount of 250 euros may be reimbursed due to inconvenience. Other types of remunerations and payments are forbidden.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
Sperm and oocytes - Act on Assisted Fertility Treatments (laki hedelmöityshoidoista; 1237/2006) requires the donor to be 18 years old. In medical practice, maximum age limits have been set up by clinics and may vary between them. Donation of gametes should not pose a health hazard to the donor and donors should have no serious hereditary diseases or any communicable diseases, which may cause a serious illness to the woman receiving assisted fertility treatment or to the child. This is ensured by means of a health examination of the donor. Informed consent is required. A donor may specifically consent to the use of sperm for MAP of single women.
Embryos - Only surplus embryos resulting from MAP may be donated with informed consent from both donors.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. When using donated gametes, Section 5 of Act on Assisted Fertility Treatments (laki hedelmöityshoidoista; 1237/2006) requires the attending physician to select gametes whose donor resembles in appearance the parent of the child to be born, unless otherwise requested by the person receiving treatment.
10. Are there special measures for the prevention of consanguinity? Yes. When the gametes of a donor have provided progeny to five MAP recipients, gametes donated by the said donor may no longer be used in MAP provided to others.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. If partners living in a same-sex relationship are married or have registered their partnership, a partner may adopt the other partner’s child. According to the new Maternity Act which entered into force on 1 April 2019, the maternity of a partner in a female same sex couple can be recognised on the basis of valid consent to fertility treatments.
16. Is donation of sperm/oocytes/embryos anonymous? No.
Donations are coded. The competent authority keeps a donation register on the donations of gametes and embryos for the purposes of MAP.
If a child born using MAP wishes to know the donor’s identity, he or she will have access to the information after having turned 18 years of age.
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 No
If a child born using MAP wishes to know the donor’s identity, he or she will have access to the information after having turned 18 years of age.
When MAP has been provided for a woman not living in marriage or in a relationship comparable to marriage with a partner of the opposite sex (after 1 April 2019: a woman not living in marriage, registered partnership or in a relationship comparable to them, regardless of whether the partner is same sex or opposite sex) and the donor has given his consent to being confirmed as the father of the child, the mother and the child are entitled to learn from the service provider the donor’s code and, by providing the donation register with the code, the identity of the donor. According to the Code of Judicial Procedure, the court does not have access to sensitive health care data unless the person in whose benefit the secrecy obligation has been provided consents to it or he or she is deceased and if very important reasons require it. Exception to this rule is a case where the prosecutor has brought charges for an offence for which the maximum sentence is imprisonment for at least six years.
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court No. See answer to previous question.
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
c. Other information
i. For the child him or herself No; ii. For the parents No; iii. For a court No. Only limited information may be registered. Donors undergo a health examination in order to rule out serious diseases that may constitute a health risk to a future child. No specific health information concerning the donor is recorded.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes. According to Paternity Act (isyyslaki; 11/2015) the man having consented to MAP will be the father of the child born through MAP. According to Maternity Act (entering into force 1 April 2019) the same applies to a woman in a female couple concerning her maternity. If sperm is used to provide MAP to a single mother, the donor can consent to potentially be declared as the father of a future child. If the sperm donor has consented only to fertility treatments and not to paternity, he cannot be declared the father of the child.
19. Is there an important current debate in your country on these or related issues? Yes. Surrogacy-related issues are debated every now and then.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
Paternity Act (isyyslaki; 11/2015): unofficial English translation available at: <http://www.finlex.fi/en/laki/kaannokset/2015/en20150011.pdf>.
Act on Assisted Fertility Treatments (laki hedelmöityshoidosta; 1237/2006) unofficial English translation available at:
<http://www.finlex.fi/fi/laki/kaannokset/2006/en20061237.pdf> NB: This translation does not include the latest updates.
Maternity Act (äitiyslaki; 253/2018): unofficial English translation available at: <https://www.finlex.fi/en/laki/kaannokset/2018/20180253>
6. Are donation of the sperm/oocytes/embryos permitted? Yes, permitted for sperm and embryos.
7. Are there specific compensation arrangements for such donations?
Donation is never in its nature profitable or commercial. Nevertheless, financial compensation is possible strictly in order to compensate the physical inconveniences as well as work and travel expenses resulting from the donation. Such compensation cannot constitute an economic incentive. The conditions [for its allocation] must be set through regulation.
8. Are there specific criteria for donationn of the sperm/oocytes/embryos?
The donors of female and masculine gametes must be over 18 years and no older than 37 for the female donors and 45 for the male ones. In addition, they must be in good health. The maximum authorised number of children born to Andorran nationals or residents of Andorra of the same gamete donated, is limited to 1, unless this concerns the reproductive process of the same recipient.
9. Are there specific non-medical criteria for selection of gametes/embryo to be used for MAP?
Yes, major phenotypic and immunological similarity, [made] possible by the medical team.
10. Are there special measures for the prevention of consanguinity?
Yes, a register for assisted human reproduction.
11. In a homosexual couple, is a legal relationship possible betweenn a child and the partner of the legal parent?
Yes, surrogate mothers
3. Are MAP procedures covered by the social secutiry system?
Yes, currently only for 2 procedures in the entities Federation BiH, Republika Srpska and Brcko district.
4. Are there specific criteria for such coverage?
Yes, Infertility, age limitation (37 in FBIH, 41 in RS).
5. Is the financial coverage limited to a number of MAP procedures?
Yes, 2 procedures
6. Are sperm, oocytes or embryos donation permitted in your country?
It is permitted to donate sperme and oocytes, but not embryos.
7. Are there specific compensation arrangements for such donations(s)?
No
8. Are there sepcific criteria for sperm, oocytes and embryos donation?
Yes, for sperm and oocyte donation, No for embryos donation.
Written consent of the donor is required. Donation can only be done to a specifically authorized hospital. Age limit for egg donation: 30 years (donor), 45 years (recipient)
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?
Yes, sperm and eggs of a donor may only be used in favour of three couples. The donation by a certain donor is permitted only to one single hospital.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of his or her legal parent?
Yes, the legal mother's partner is automatically the other parent of the child if that partner has given written consent for the PMA with a sperm donation.
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
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
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
The issue of surrogate mothers regularly crops up in Parliament. A number of proposals have been made, some of which deal only with surrogacy in the context of MAP.
The issues of surrogate mothers (absence of specific legislation) & donor anonymity (provided for in the 2007 Act on medically assisted procreation and Destination of Supernumerary Embryos and Gametes) are subject to ongoing debate within society (especially the issue of donor anonymity) and are regularly reported upon by the media. Also the issue of donor anonymity is subject of law proposals of political parties.
Are MAP procedures covered by the social secutiry system?
Yes. The patient is not liable for the costs arising from all the laboratory work entailed in IVF/ICSI insemination of eggs if she is not more than 43 years old, with a maximum of 6 attempts per woman (Royal Decree of 25 April 2002 concerning the setting and liquidation of the budget for the financial resources of hospitals, Art. 74bis ). The logic behind this rule is that after the age of 43, MAP has very little chance of success.
Since 2008 (Royal Decree of 6 October 2008 introducing a flat-rate reimbursement for female infertility treatments), sickness and invalidity insurance has also provided a flat-rate reimbursement for pharmaceutical specialities prescribed by a gynaecologist and delivered in a hospital, which are used in the context of intra-uterine insemination or ovarian stimulation. The woman must be not more than 43 years old, however, and reimbursement is available for a maximum of 6 cycles/completed treatments per woman. Patients have to pay a share of the cost.
As regards other services in connection with MAP, these are partially covered by sickness and invalidity insurance (e.g. embryo implantation after in vitro fertilisation): the patient has to pay a share of the costs.
Are there specific criteria for such coverage?
Yes. Age of the woman = 42 maximum because very little chance of success after that.
Is the financial coverage limited to a number of MAP procedures?
Maximum of 6 attempts
19. Is there and important current debate in your country on these or related issues?
Yes. As stated above, the issue of MAP is very high on political and public agenda in B&H, however no specific legislation has been approved so far, explicitly due to the opposition of conservative parties and influence of church. The main debate and controversy are around granting the rights to MAP to single women, as well as the issues of heterologous procreation (sperm/oocyte donation).
20. Delegations are invited to provide information on particular cases encountered in their country. NA
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).
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.
19. Is there an important current debate in your country on these or related issues?
The main principles introduced by the first bioethics law of 1994 have been confirmed by subsequent laws.
Bioethical issues are the subject of ongoing societal debates (notably via the Estates General on Bioethics) and are regularly covered by the media. We can mention the opening of MAP to couples of women and unmarried women (achieved by the aforementioned law n°2021-1017 of 2 August 2021), post-mortem MAP, and surrogate motherhood.
The ban on the latter two techniques has been maintained.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
Public health code
Articles L. 1244-1 to L. 1244-9
Articles L. 2141-1 to L. 2143-9
Civil code
Article 16-7
Criminal code
Articles 511-6, 511-9 to 511-13 and 511-22 to 511-25-1
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Both, the Law on Health Care and draft Law on Reproductive Health and Reproductive Rights in principle permit donation of gametes and embryo.
However, the Law on Health Care does not include specific provisions on this issue. It includes only a general provision saying donor’s gamete(s) or embryo could be used for MAP.
The draft Law on Reproductive Health and Reproductive Rights is more specific. It includes a separate chapter on gamete donation, which defines conditions and procedures for gamete donation.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. LHC: No; DL-RHRR: No; According to the article 20 of DR-RHRR “there is no reimbursement for gamete donation. A donor shall be reimbursed for time spent and other expenses incurred by donorship” (e.g. time, transport, absence from office, etc.).
8. Are there specific criteria for donation of sperm/oocytes/embryos?
LHC: No DL-RHRR: Yes
DL-RHRR:
A gamete donor must be a legally competent man or woman above 18 years of age, who has none of the diseases defined by law.
The fusion of the sperm or ovum of genetic relatives for medically assisted reproductive technologies is prohibited.
The gamete can be retrieved from a deceased male person, only if he has given an advanced directive for taking his gametes after his death for homological artificial insemination, or for in vitro fertilization of the ovum of his spouse, married under the rules defined by the legislation of Georgia. On the other hand, taking ovum or an ovary from a deceased woman for the implementation of medically assisted reproductive technologies is prohibited.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP?
LHC: No
DL-RHRR: Yes
According to the draft Law on Reproductive Health and Reproductive Rights a couple or a single woman have the right to choose a donor on the basis of the donor’s age, appearance, ethnic background, and health condition. However, information on the identity of a sperm donor is confidential.
10. Are there special measures for the prevention of consanguinity?
LHC: No
DL-RHRR: Yes
The following two principles are introduced in the draft law (DL-RHRR) to avoid consanguinity:
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No
3. Are MAP procedures covered by the social security system? No. Due to the general difficult economic conditions in Georgia, the Health and Social Security System is not able to cover such high technology procedures as MAP.
4. Are there specific criteria for such coverage? NA
5. Is the financial coverage limited to a number of MAP procedures? NA. The same reasons as question 3 connected with economic situation in the country.
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.
2. Are there specific criteria for access to MAP? Biological examinations as laid down by the French Bioethics Law.
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
3. Are MAP procedures covered by the social security system? Yes. Infertility treatment is of course a disease when biological; however social infertility presumably allowed by law due to equal rights for married couples.
4. Are there specific criteria for such coverage? Yes. Depends on the Authority for MAP
5. Is the financial coverage limited to a number of MAP procedures? Yes
19. Is there an important current debate in your country on these or related issues?
Opinion issued by the National Ethics Commission.
General debate in Parliament expected.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
It is important to note that MAP is currently not regulated in Luxembourg, except that
- Article 312 of the Civil Code states that a paternity suit is non-admissible by the husband of the mother “if it is established, by all means of proof, that the child has been conceived by means of artificial insemination, either by the husband or by a third party with the written consent of the husband”.
- the national hospital plan adopted in 2001 through regulation, envisages the creation of a service of MAP in a general hospital containing an obstetrics department.
In the meantime, the creation of a MAP department has effectively been authorised to the Hospital Centre of Luxembourg. This department is in place. The data supplied to the questionnaire reflects the practices of this department.
There exists a legal proposal, of which a bill is before parliament, with regard to MAP. Parliament had anticipated holding a large debate but as yet this debate has not yet taken place.
The National Ethics Commission has produced a very complete opinion on all aspects of MAP.
16. Is donation of sperm/oocytes/embryos anonymous?
Sperm, oocyte and embryo donation is forbidden.
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation? Sperm, oocyte and embryo donation is forbidden.
i. For the child him or herself No; ii. For the parents No; iii. For a court NA
a. Identity of the donor(s)
i. For the child him or herself NA; ii. For the parents NA; iii. For a court NA
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 NA
c. Other information
i. For the child him or herself; ii. For the parents; iii. For a court
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes. DNA tests.