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
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. 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.
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
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
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.
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.
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.
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. 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
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).
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.
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.)
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
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.
There is no specific law in Republic of San Marino. In the case of infertility heterosexual couples are guaranteed links with the Italian reference centers to proceed with MAP. All questions related to MAP with the possible donation of gametes are the same answers as for Italy.
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
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.
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.