Access to medically assisted procreation - Search
North Macedonia - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? No. There is no legal regulation in the country therefore no gamete banks aiming to this are functioning.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No
8. Are there specific criteria for donation of sperm/oocytes/embryos? NA
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? NA
10. Are there special measures for the prevention of consanguinity? With the exception of the occasional donations for inseminations with fresh sperm which may be done outside of any control, other donor procedures have not been performed in the country.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. No legal regulations.
North Macedonia - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? Yes
b. possible for women not living in a heterosexual couple? No
North Macedonia - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? Some debates have just started in many professional organisations - obstetricians/gynaecologists.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
Current healthcare law predates the era of MAP. No updates concerning MAP have been made.
In family law there are standard articles addressing the contesting of the paternity but not in relation to MAP.
Poland - 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? NA
b. Risk of transmission of a disease
For a heterosexual couple Yes?; For women not living in a heterosexual couple? NA
c. Other N/A
Poland - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? Yes
b. possible for women not living in a heterosexual couple? No.
There is no specific legislation on the subject. In practice only heterosexual couples are concerned.
Poland - Financial aspects
3. Are MAP procedures covered by the social security system? No
4. Are there specific criteria for such coverage? NA
5. Is the financial coverage limited to a number of MAP procedures? Na
Poland - 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.
Homologous insemination in a married couple has no legal incidence: the mother’s spouse becomes the child’s biological father; the means of conception (natural or artificial) has no legal incidence, nor does consent or the lack of it.
Heterologous insemination, on the other hand, raises legal questions concerning filiation. The donor of the sperm is certainly the child’s biological father, but it is impossible to prove legal paternity as the identity of the donor is in principle unknown to the mother and the doctor is sworn to secrecy. Furthermore, no action to prove paternity may be opened in this case as Article 85 para. 1 of the Code of the Family and Guardianship makes sexual intercourse a prerequisite of such action.
The question of the legal paternity of the child thus remains open. In the case of an unmarried woman, action to prove paternity should be excluded, as the donor has the right to remain anonymous. However, if the child is born in wedlock or within 300 days of the marriage being dissolved or annulled, the mother’s husband is presumed to be the legal father. He may take action to contest his paternity within six months of finding out about the birth (art. 63). This is a peremptory time limit, after which only the public prosecutor may institute such proceedings.
The situation is more complex in the event of heterologous insemination carried out with the husband’s consent. As there are no specific legal provisions in the matter, the husband has the right to contest his paternity even though he did give his consent. Theoretically he only needs to prove that the birth was the result of MAP. However, according to a decision of the Court of Cassation on 27 October 1983: “Action by the spouse of the mother contesting paternity of a child born following MAP performed, with said spouse’s consent, with the sperm of another man may be considered contrary to public policy.” In stating its reasons, the Court stressed the importance of the child’s welfare, arguing that if it were to accept an action contesting the father’s paternity of a child born following MAP carried out with his consent using another man’s sperm, the child would, to all intents and purposes, be fatherless; it would be virtually impossible to prove the paternity of the donor because of the rules protecting his anonymity. And the donor has no interest in proving his paternity. This interpretation also takes into account the interests of the family formed subsequent to the couple’s decision to have recourse to MAP.
Portugal - 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
Any women – even being single and without any sexual relationship, and without infertility can go to a specific ART centre and ask for artificial insemination
San Marino - Sperm/oocyte/embryo donation
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?
i. For the child him or herself ; ii. For the parents; iii. For a court NA
a. Identity of the donor(s)
i. For the child him or herself ; ii. For the parents; iii. For a court NA
b. Certain health information concerning the donor(s)
i. For the child him or herself ; ii. For the parents; iii. For a court NA
c. Other information
i. For the child him or herself ; ii. For the parents; iii. For a court NA
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? NA
San Marino - Financial aspects
3. Are MAP procedures covered by the social security system? Infertility is followed free of charge, the healthcare system covering 2 pharmacological treatment cycles and the pre and post implantation. The gametes extraction techniques, fertilisation, implantation and embryo storage at Italian specialised structures are the responsibility of the couple as well as any subsequent treatment cycles to the two provided free of charge.
4. Are there specific criteria for such coverage? No. See comments on relative legal instruments.
5. Is the financial coverage limited to a number of MAP procedures? Yes. See comment to question 3.
San Marino - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? See comment on relevant legal instruments
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? NA
8. Are there specific criteria for donation of sperm/oocytes/embryos? NA
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? NA
10. Are there special measures for the prevention of consanguinity? NA
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? NA
Sweden - Medical aspects
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? Yes. The couple must have attempted natural conception for a reasonable period of time, unless inapplicable.; For women not living in a heterosexual couple? No
b. Risk of transmission of a disease
For a heterosexual couple Yes?; For women not living in a heterosexual couple? Yes
The parents’ state of health may be assessed (including parents’ age, if life expectancy considering illnesses is above 18 yrs, the ability to give the child good living conditions; an assessment in the child’s best interest)
c. Other N/A
Switzerland - Legal regulation or practice and access to MAP
- Title of the law: Federal Act on Medically Assisted Reproduction (Reproductive Medicine Act, RMA), Reproductive Medicine Ordinance (RMO)
- Date of adoption and entry into force RMA: 18.12.1989 / 1.1.2001 and RMO: 4.12.2000 / 1.1.2001
- Published in: https://www.admin.ch/opc/fr/classified-compilation/20001938/index.html , and
- https://www.admin.ch/opc/fr/classified-compilation/20002342/index.html
- Revision: June 5th,2016, popular vote on the revision of the RMA regarding the regulation of Preimplantation Genetic Screening (PGS) and Preimplantation Genetic Diagnosis (PGD) (prohibited until now)
Switzerland - 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 -
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.
Sperm donation in accordance with Art. 18 ff. RMA is the only permissible heterologous reproductive method in Switzerland. The child conceived by means of heterologous sperm donation has a right of access to certain relevant data, including the appearance, name, place of residence, date of birth, nationality, education and profession of the donor (Art. 24 para. 2 lit. a and d RMA), without having to claim a legitimate interest. The minor child also has a right to information, provided that there is a legitimate interest, often a medical interest (Art. 27 para. 2 RMA).
ii. For the parents No; iii. For a court Yes, if necessary, in particular in the context of paternity proceedings or proceedings to challenge the presumption of marriageability.
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents No; iii. For a court Yes, if necessary
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
Yes, in the case of procreation through sperm donation, if certain requirements are met:
If you can claim an interest worthy of protection (for example, for medical reasons), you will receive further information, such as the results transmitted by the doctors for the medical examination (Art. 27 para. 2 RMA).
c. Other information
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
Yes, in addition to information on origin, the child may also request information on occupation, education and physical appearance (Art. 27 para. 1 RMA). He or she may request information about all the donor's data - including the date of the sperm donation and the results of the medical examination - if he or she has an interest worthy of protection (Art. 27 para. 2 RMA). At the request of the sperm donor, further donor data in addition to the data mentioned in Art. 24 FMedG, namely pictures of the donor, are retained (Art. 17 RMA).
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No. Art. 256 para. 3 Swiss Civil Code; Art. 23 RMA
France - Financial aspects
3. Are MAP procedures covered by the social security system? Yes. Medically assisted procreation is considered a health care activity. Law N°2021-1017 of August 2nd 2021 provides for the possibility of reimbursement of MAP by social security under the same conditions for unmarried single women, female couples and heterosexual couples. The MAP procedure is covered by national solidarity. The beneficiaries are exempt from the co-payment.
4. Are there specific criteria for such coverage? Yes. The law of August 2, 2021 removed the criterion of infertility, MPA procedures are covered at 100% by the Assurance Maladie for a maximum of : - 6 inseminations (only one artificial insemination per cycle) to obtain a pregnancy; - 4 in vitro fertilization attempts to achieve a pregnancy. This coverage is the same for everyone (heterosexual couple, couple made up of 2 women, unmarried woman) Knowing that, for the retrieval or the collection in a project of AMP, there are conditions of ages: - oocyte retrieval can be performed in women up to their 43rd birthday; - Sperm collection can be performed in men up to their 60th birthday; And for the performance of MPA: - until her 45th birthday for the woman, unmarried or within the couple, who will carry the child; - until his 60th birthday for the person in the couple who will not carry the child.
5. Is the financial coverage limited to a number of MAP procedures? Yes. The health insurance system will cover six inseminations and four complete cycles, i.e. concluded by embryo transfer. Any IVF cycle broken off before embryo transfer, irrespective of the stage at which it is abandoned, will not be counted by the health insurance system. Reimbursement is subject to a preliminary agreement procedure.
Should pregnancy and delivery occur, the count restarts from zero, and coverage is provided for four new attempts. This does not apply to miscarriages or extrauterine pregnancies.
Georgia - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples?
LHC: Insemination-No; IVF-Yes
a) At present the law gives access to artificial insemination to heterosexual couples as well as to single women.
b) However in vitro fertilization (IVF) is accessible only to couples.
DL-RHRR: No. Draft law gives access to medically assisted procreation (artificial insemination as well as in vitro fertilization procedures) to heterosexual couples as well as to single women.
b. possible for women not living in a heterosexual couple?
LHC: Insemination-Yes; IVF-No
a) Law gives access to artificial insemination to single women. However, the Law does not specify whether women should be living in heterosexual couple or not.
b) IVF is not accessible for single women.
DL-RHRR: Yes. Draft law gives access to medically assisted procreation (artificial insemination as well as in vitro fertilization procedures) to single women.
France - Legal regulation or practice and access to MAP
- Laws and regulations
Law n°2021-1017 of 2 August 2021 on bioethics
Order n°2008-480 of 22 May 2008 transposing Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on gamete donation and medically assisted procreation
Decree n° 2021-1243 of 28 September 2021 setting the conditions for the organisation and management of medically assisted procreation procedures
Decree n° 2021-1933 of 30 December 2021 setting the conditions for authorising gamete self-preservation activities for non-medical reasons in application of article L. 2141-12 of the public health code and carrying various adaptations to the regulatory part of the same code with regard to the provisions of law n° 2021-1017 of 2 August 2021 relating to bioethics
Date of adoption and entry into force
First bioethics laws adopted in 1994, last revision: Law No. 2011-814 of 7 July 2011, which entered into force on 9 July 2011
Ordinance No. 2008-480 of 22 May 2008, which entered into force on 24 May 2008.
French Bioethics Law n°2021-1017 of 2 August 2021 on bioethics, entered into force on 4 August 2021.
Adoption on 29 June by the National Assembly and promulgation on 2 August 2021
Staggered entry into force according to the implementing texts.
- Published in: Official Journal of the French Republic (Journal officiel de la République française https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043884384)
- Next revision: 2028 maximum, (review within a maximum of 7 years from the promulgation of the law of 2 August 2021)
Georgia - Medical aspects
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? LHC: Yes, DL-RHRR: Yes;
For women not living in a heterosexual couple? LHC: No, DL-RHRR: Yes
2bi
LHC: Yes
“Risk of transmission of a genetic disease”
DL-RHRR: Yes
a) “Proven likelihood of the transmission of a serious genetic disease to a naturally conceived child from a woman or man, that may result in a child’s severe disability and/or premature death.”
b) “Proven likelihood that a child from natural insemination will be born with a non-genetic disease that may result in grave disability and/or premature death.”
b. Risk of transmission of a disease
For a heterosexual couple?; LHC: Yes “Risk of transmission of a genetic disease” DL-RHRR: Yes
a) “Proven likelihood of the transmission of a serious genetic disease to a naturally conceived child from a woman or man, that may result in a child’s severe disability and/or premature death.”
b) “Proven likelihood that a child from natural insemination will be born with a non-genetic disease that may result in grave disability and/or premature death.”
For women not living in a heterosexual couple? LHC: No, DL-RHRR: Yes
a) “Proven likelihood of the transmission of a serious genetic disease to a naturally conceived child from a woman or man, that may result in a child’s severe disability and/or premature death.”
b) “Proven likelihood that a child from natural insemination will be born with a non-genetic disease that may result in grave disability and/or premature death.”
Accordingly, the draft law of Georgia on Reproductive Health and Reproductive Rights permits access to medically assisted reproductive technologies for heterosexual couples or single women only if at least one of the conditions listed below are met:
- A woman and/or man of reproductive age is infertile, other alternatives available in the country for treating infertility have proved ineffective; or such treatment hasn’t yet been carried out, but there is a reason to assume that it will be ineffective, as attested by a duly authorised state medical institution;
- There is a proven likelihood of the transmission of a serious genetic disease to a naturally conceived child from a woman or man, which may result in a child’s severe disability and/or premature death;
- There is a proven likelihood, that a child from natural insemination will be born with a non-genetic disease, that may result in grave disability and/or premature death;
- A woman carries a disease due to which the pregnancy may endanger the woman’s life and/or health.
c. Other There is one more medical criterion, but only for accessing surrogacy: existence of a disease due to which the pregnancy may endanger the woman’s life and/or health.
Georgia - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues?
Debates took place about the draft Law on Reproductive Health and Reproductive Rights among the representatives of various professionals, especially medical professionals, representatives of church and religious groups, representatives of Ministry of Health and Social Affairs, etc.
As the above draft Law is more specific than the Law on Health Care it will change existing legal situation (details are already specified throughout the questionnaire).
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
English versions of the following legislation related to MAP are presented in the Addendum:
- Law on Health Care (Relevant articles from Chapter XXIII Family Planning) [see Addendum];
- Draft Law on Reproductive Health and Reproductive Rights [see Addendum].
Georgia - Right to know about his or her biological origin for children born after MAP
16. Is donation of sperm/oocytes/embryos anonymous?
LHC: no specific provisions are included in the LHC on this issue.
*DL-RHRR:
Donation of gametes and embryo is not anonymous; however information on the identity of a gamete donor is confidential. Also, any personal data collected about a couple or single women applying for MAP is confidential.
United Register of Gamete Donors will include data about the identity of gamete donors as well as of couple.
These data are confidential. However, the law may make exceptions for specific cases; e.g. “when the disclosure of information on the donor’s genetic characteristics is necessary for the health purposes of the child, born as a result of medically assisted reproductive technologies”.
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; ii. For the parents; iii. For a court Yes. LHC: no specific provisions are included in the LHC on this issue. The answers given to question 17 are based on DL-RHRR.
a. Identity of the donor(s)
i. For the child him or herself; ii. For the parents; iii. For a court No
b. Certain health information concerning the donor(s)
i. For the child him or herself; ii. For the parents; iii. For a court Yes. Health data of the gamete donor, particularly information about the donor’s genetic characteristics, could be disclosed from the register of gamete donors if this is necessary for the health purposes of the child, born as a result of MAP.
c. Other information
i. For the child him or herself NA; ii. For the parents; Yes. A couple or a single woman has the right to request and receive information on the donor’s age, appearance, ethnic background, and health condition.
- Obligation of gamete donor to provide information about his/her health:
According to the DL-RHRR gamete donors are obligated “to give the medical personnel complete and comprehensive information on his/her health condition prior to gamete donation.”
- Right of the gamete donor to receive information about his/her health:
According to the DL-RHRR gamete donors are entitled to receive “information concerning his/her own health, which may be discovered as a result of monitoring the child born after utilizing assisted reproductive technologies.”
iii. For a court NA
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? There are no specific provisions on this subject in family law at present.
Türkiye - 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 N/A
Türkiye - Financial aspects
3. Are MAP procedures covered by the social security system? Yes
4. Are there specific criteria for such coverage? Yes. Married, infertile couples, older than 23, younger than 40 years old can benefit from assisted reproduction (IVF) techniques
5. Is the financial coverage limited to a number of MAP procedures? No
Ukraine - Financial aspects
3. Are MAP procedures covered by the social security system? No. First step is made to cover one cycle in case of bilateral tubectomy.
4. Are there specific criteria for such coverage? Yes.
- Only tubal factor of infertility.
- Age up 35 years.
5. Is the financial coverage limited to a number of MAP procedures? Yes. Only one IVF procedure.
United Kingdom - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? As referred to at 18 above, in cases where the agreed parenthood conditions of the HFE Act 2008 have not been met, legal parenthood does not automatically follow for the second parent. In such cases one of the only remedies for the second parent to seek a declaration of legal parenthood from the Court. See for example the recent case (Neutral Citation Number: [2015] EWHC 2602 (Fam) which can be found here: https://www.judiciary.gov.uk/wp-content/uploads/2015/09/parentage.pdf
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law.
R (TT) v Registrar General for England and Wales & Ors ((2019) EWHC 2384 (Fam))
The case concerns a transgender man (TT) who has a gender recognition certificate (GRC) confirming that he is male for all legal purposes except the limited exceptions set out in the Gender Recognition Act 2004 (GRA). TT had artificial insemination using donor sperm in a licenced fertility clinic, fell pregnant as a result, gave birth to a child, in 2017. He tried to register the birth as the father but was refused by the Registrar General (RG) who was only able to register the birth with TT as the mother. The birth has remained unregistered.
The judgement was handed down on 25 September 2019. The judge supported the Government’s position that a person who gives birth to a child (i.e. including a trans man such as TT) will be the child’s mother. The Government’s view is that the judgment has no effect on the availability of regulated fertility treatment in the UK. The Government considers that regulated fertility treatment is currently, and will remain, equally available to all (trans) women and (trans) men under the Human Fertilisation and Embryology Acts.
United Kingdom - 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
Due to amendments to the Human Fertilisation and Embryology Act – the law overseeing the use of fertility treatment in the UK – donor conceived people born after 1 April 2005 can request identifying information about their donor from the HFEA once they reach 18 years old. This, however, means that there are different information access rights depending on when the donor conceived person was conceived. These are set out below.
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
The HFE Act 1990 (as amended) allows donor conceived people to apply for non- identifying information about the donor, if available, such as family medical history, hair/eye colour and interests, when they reach 16. If they were conceived after 1 April 2005, when the donor conceived person reaches 18 years old, they may apply to the HFEA to receive identifying information about their donor.
Parents of children conceived through donor conception can access non identifying information about the donor from the HFEA.
Section 34 of the HFE Act 1990 permits the Authority to make disclosure where it is necessary for the purposes of instituting proceedings under the Congenital Disabilities Act.
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
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes.
Whether patients’ own gametes are used in assisted fertility treatment or whether donor gametes are used, where the couple is either married or in a civil partnership, both parents will be the legal parents of any child born from the treatment from the date of birth of the child. The law endeavours to put couples who have had assisted fertility treatment in a similar position to couples who conceive naturally as regards legal parenthood and parental responsibility. It is however possible for the father or second parent (in the case of a female same sex couple who are in a civil partnership) to resist legal parenthood but only where the person can demonstrate that he or she did not consent to their partner’s treatment (see section 35(1) and section 42(1) of the HFE Act 2008).
When donor gametes are used in treatment, and where the couple having treatment is neither married nor in a civil partnership, the second parent (i.e. not the birth mother) can acquire legal parentage if the agreed parenthood conditions are met (see section 37 and 44 of the HFE Act 2008). In cases where the agreed parenthood conditions are not met, parenthood will be in question and in order to establish legal parenthood, the couple would need to seek a declaration of parenthood from Court.
Further information on legal parenthood can be found on these pages of the HFEA website:
https://www.hfea.gov.uk/treatments/explore-all-treatments/becoming-the-legal-parents-of-your-child/
Definitions of mother and father in accordance to (HFE) Act 2008 are as follows:
Meaning of "mother"
(1) The woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other woman, is to be treated as the mother of the child.
(2) Subsection (1) does not apply to any child to the extent that the child is treated by virtue of adoption as not being the woman’s child.
(3) Subsection (1) applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs.
Meaning of "father"
35 Women married at time of treatment
(1) If -
(a) at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination, the woman was a party to a marriage, and
(b) the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage, then, subject to section 38(2) to (4), the other party to the marriage is to be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her artificial insemination (as the case may be).
(2) This section applies whether the woman was in the United Kingdom or elsewhere at the time mentioned in subsection (1)(a)
Ukraine - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? It is necessary to renew Decree of the Ministry of Health.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. NA
Iceland - Legal regulation or practice and access to MAP
- Title of the law: Artificial Fertilisation Act N° 55/1996
- Date of adoption and entry into force: 1 June 1996
- Published in: http://eng.heilbrigdisraduneyti.is/laws-and -regulations/nr/685
- Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: No process of revision has yet been embarked upon, a parliamentary resolution on the necessity of a revision, specifically with regards to issues pertaining to embryonic stem cell research, is being discussed.
Norvège - 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 NA. Sperm or oocyte donors cannot be 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; ii. For the parents No; iii. For a court No. Children born after sperm donation have the right to know the identity of their donor when they (the children) reach the age of 15 (or 18 for those born from sperm donated before 2021).
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 No; ii. For the parents No; iii. For a court No. For donors recruited in Norway, the parents will be familiar with the general criteria for selection of a donor (good physical and mental health, no serious inheritable disease; as well as the test regimes) but will not have any other information about the donor. Norway allows import of sperm or oocytes from banks established outside of Norway, but only if they can provide sperm/oocytes from open donors, and in conformity with the relevant EC directives. Oocytes can only be imported from other Nordic countries.
c. Other information
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No. At the age of 15 (or 18, se previous text), the child can obtain information about the identity of the donor (name and address according to the registry and if necessary, date of birth and national identity number). This is the only information that will be provided.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes.
- a child or a parent, as well as a third person who claims paternity of a child with another legal father may contest paternity in front of a court. There is no exception for children or parents of children born after MAP, but a sperm donor cannot contest paternity of a child born after MAP procedures using donated sperm.
- the donor has no legal responsibility for the child, and has no right to any information about children that have been born using his sperm (except for the maximum number).
- according to Norwegian family law provisions, the legal father of a child conceived after MAP is the one the mother is married to at birth (“pater est”). If the woman is not married, the legal father will be the man who acknowledge paternity for the child.
according to family law the woman who gave birth to a child is the child's mother.
Norvège - Legal regulation or practice and access to MAP
- Title of the law: The act relating to the application of biotechnology in human medicine etc
- Adopted 5 December 2003, partly into force from 1 January 2004, 1 September 2004 and 1 January 2005. Limited use of PGD was allowed (only in cases of X-linked diseases), and research on surplus embryos was banned. An amendment in force from September 2004 allowed PGD also in cases of serious hereditary diseases for which no treatment is available. New regulations regarding PGD and research on surplus embryos entered into force in July 2008; allowing research on surplus embryos under certain conditions, and PGD or PGD/HLA in situations of serious hereditary disease. New regulations regarding access to MAP for lesbian couples entered into force in January 2009. In 2013 the act was amended to allow MAP to otherwise fertile couples, where one person has a serious and chronic sexually transmitted infection. In 2020 single women who live alone were given access to MAP, and from 2021 oocyte donation is allowed. Egg donation is accessible only to couples able to use their own sperm. Same-sex female couples can donate oocytes to each other (partner donation) and use sperm from a donor.
Pays-Bas - 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
c. Other Yes
There is a screening on sexually transmitted diseases.
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
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
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.
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
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.
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
Malta - 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 Yes. Articles 6 though to 9 of the Act
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 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 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
Article 19 has two provisions:
19(1): That any child born of any medically assisted procreation, including cases where the child was born from donated germ line cells or a donated embryo, shall be considered as the child of the prospective parent(s) who has/have expressed their consent to the procedure. It also states that for all intents and purposes of the law, the child will be considered to have been ‘naturally born of the same prospective parent or prospective parents’. The child will be registered in any act of civil status as the direct descendant of such prospective parent(s), who then have the rights and duties under the law in respect of the child.
19(2) states explicitly that there shall be no link of filiation between the child born from donated germ line cells or adopted embryos and the persons from whom donated germ line cells or adopted embryos originated.
Note : (Interestingly, in a scientific sense, this also acknowledges that the Gestational mother is more important that the Genetic mother under these circumstances)
The law does not explicitly mention the cases ticked ‘NO’ above, but Article 22 of the Act does oblige the licensee who performs MAP to ‘keep a confidential register with full details of every medically assisted procreation procedure, germ line donation, cryo-preservation of germ line cells and cryo-preservation of embryos in terms of this Act and to pass on this information to the Authority without delay’
Note: Presumably therefore, the Authority may in certain circumstances, e.g. for health reasons, give permission to reveal identities. This is not however explicitly stated, but keeping the register mean implicitly having a safety net.
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? See comments in point 19
Slovak Republic - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? Yes
b. possible for women not living in a heterosexual couple? No
Slovak Republic - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
For sperm donation – health, state.
For oocytes donation and for embryos donation – parents, age.
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. Limited number of donations
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No
Slovak Republic - Financial aspects
3. Are MAP procedures covered by the social security system? Yes. Infertility is considered as a disease.
4. Are there specific criteria for such coverage? Yes
5. Is the financial coverage limited to a number of MAP procedures? Yes. Only two.
San Marino - 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. NA
Slovak Republic - 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 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 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
Slovenia - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes/oocytes Yes/embryos No
Embryo donation as well as MAP with both gametes donated is not allowed (Art. 13, Art. 7), on the basis of the principle that the child born with the MAP procedure should be genetically related to at least one of the parents.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. Financial rewards are explicitly prohibited. However, any expenses generated by the donation may be reimbursed (Art. 10).
8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes/oocytes Yes/embryos NA
A person may donate his/her gametes to one center only (Art. 11). The donors must be of legally mature age, healthy and mentally competent (Art. 14). Donated gametes may not be used in cases where that would constitute illicit consanguinity (Art. 14).
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? No. Such non-medical criteria are not contained in the law, but may be considered in practice, as far as circumstances allow.
10. Are there special measures for the prevention of consanguinity? Yes. Donated gametes may be used until children are born in two different families (Art. 29).
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No legal provisions
Spain - 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 Yes
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation?
i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes
b. Certain health information concerning the donor(s)
i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes
c. Other information
i. For the child him or herself No; ii. For the parents No; iii. For a court No
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No
Spain - Financial aspects
3. Are MAP procedures covered by the social security system? Yes. Where permitted by law: infertility, therapeutic or preventive purposes.
4. Are there specific criteria for such coverage? Yes.
Medically assisted procreation (MAP) is applied in the National Health System to people who meet the following criteria or situations including:
1. Women will be over 18 and under 40 and men over 18 and under 55 years at the time the infertility was taken into consideration.
2. People without any child, prior and healthy. In case of couples, no common, prior and healthy child.
3. The woman did not present any pathology in which pregnancy may have caused a serious and uncontrollable risk, both for their health and for their potential offspring.
5. Is the financial coverage limited to a number of MAP procedures? Yes.
The financial coverage limited to:
Three IVF procedures only
Artificial insemination with sperm from the couple: maximum number of cycles, four
Artificial insemination with donor gamete: maximum number of cycles, six.
Spain - Legal aspects
1. Is access to medically assisted procreation (MAP) (artificial insemination, in vitro fertilization procedures (IVF)
- restricted to heterosexual couples? Yes
- possible for women not living in a heterosexual couple? Yes
Every woman over 18 years with full capacity to act may be a recipient or user of the techniques regulated by this Law, provided that he has given his written consent. The woman may be user or recipient of the techniques covered in this law regardless of their marital status and sexual orientation.
Spain - 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
c. Other N/A
Portugal - 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 Yes. Most of Portuguese bioethicists – including the Portuguese National Bioethical Council – have defended that anonymous donation should finish, as in the UK, in order to protect the child rights to identity, information and health
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; ii. For the parents; iii. For a court NA
b. Certain health information concerning the donor(s)
i. For the child him or herself; ii. For the parents; iii. For a court NA
c. Other information
i. For the child him or herself; ii. For the parents; iii. For a court NA
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? NA
Portugal - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Sperm and oocyte donation are anonymous
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes
8. Are there specific criteria for donation of sperm/oocytes/embryos? No
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Matching appearance of donor and future parent(s)
10. Are there special measures for the prevention of consanguinity? Yes. Limited number of donations
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. Homosexual marriage, adoption and co adoption are legal in Portugal
San Marino - Legal aspects
1. Is access to medically assisted procreation (MAP) NA. See comments on legal instruments.
a. restricted to heterosexual couples?
b. possible for women not living in a heterosexual couple?
San Marino - Legal regulation or practice and access to MAP
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.
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.
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 - 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 - Legal aspects
1. Is access to medically assisted procreation (MAP)
a. restricted to heterosexual couples? Yes
b. possible for women not living in a heterosexual couple? No
Italy - 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? Yes (HIV); For women not living in a heterosexual couple? No
c. Other NA
Latvia - Financial aspects
3. Are MAP procedures covered by the social security system? No. Due to the small budget for social security.
4. Are there specific criteria for such coverage? No
5. Is the financial coverage limited to a number of MAP procedures? No
Latvia - 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 - 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
Latvia - Current debate and specific situations
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
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
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
Sweden - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes /oocytes Yes /embryos No
Sperm and oocyte donation are allowed. Embryo donation will be allowed from the 1st January 2019, if a couple or a single female consent in writing, they have children of their own, one of them is genetically linked to the embryo, and they are informed of the consequence of the donation; that their children may have genetic siblings in another family and will have the right to know of their origin. Any third party donor must consent specifically to embryo donation only if they donated before the law was amended, i.e. before the 1st January 2019.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? -
8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes /oocytes Yes /embryos -
The donor is assessed on numerous conditions. The donor has to be in good health, physically and mentally. He/she must understand the consequences; He/she has no authority over the conceived child, he/she should not have regrets and it is preferred that he/she has a social network to cope with any possible thoughts, and the donor has to accept the possibility that children may in the future ask for his identity and make contact, as donation by Swedish law is not anonymous. The donor must be above 18 and his/her maturity is assessed in line with the above conditions. The donor must give written consent and has the option to withdraw the consent before the oocyte is fertilized.
The donor must be alive at the time of fertilization.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. The responsible physician shall choose a matching appearance.
10. Are there special measures for the prevention of consanguinity? Yes. It is not recommended that a donor conceives more than 12 children (2 children in 6 families). There is no national register.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. Adoption is possible.
Sweden - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues?
In the recent publication on the 24th February 2016 “Olika vägar till föräldraskap (SOU 2016:11)” a government inquiry had been issued to consider different ways to increase the possibilities for involuntarily childless people to become parents. One legal change to occur on April 1st is that single women can now receive MAP. The inquiry has proposed that one should no longer demand a genetic link between the child and one of the parents, which might mean that embryo donation will become possible. The inquiry also included considering whether to permit altruistic surrogacy, if any, in Sweden. The inquiry’s conclusion was that commercial surrogacy should not be permitted, nor should altruistic surrogacy, and that society should also counter that type of surrogacy. The final report has been submitted to a large number of stakeholders, organisations and authorities, for comments by the 23rd June 2016.
In a new government inquiry followed by a law proposal by the government on the 15th March 2018 “Modernare regler om assisterad befruktning och föräldraskap (proposition 2017/18:155)” which will entered into force on January 1st, 2019, the legislator has made embryo donation possible. A couple or a single female may donate fertilized eggs if they already have children of their own and if the egg is genetically linked to one of them (or to the single female). The children born from embryo donation shall have a right to enter their personal information into the special registry to be kept about the donation for 70 years, for any possible genetic siblings to be retrieved upon request.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. -
Sweden - Legal aspects
1. Is access to medically assisted procreation (MAP) (artificial insemination, in vitro fertilization procedures (IVF)
- restricted to heterosexual couples? No
- possible for women not living in a heterosexual couple? Yes. As from 1/4/2016 single females gain access.
Switzerland - Sperm/oocyte/embryo donation
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes /oocytes No /embryos 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? sperm Yes /oocytes - /embryos -
Medical criteria (good health).
Oocyte and embryo donation are prohibited.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Matching appearance of donor to recipient (including blood type)
10. Are there special measures for the prevention of consanguinity? Yes. 8 children only
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. This has nothing to do with MAP.
Switzerland - Financial aspects
3. Are MAP procedures covered by the social security system? IUI (intrauterine insemination) YES, IVF NO.
4. Are there specific criteria for such coverage? Yes. Only married couples have access to IUI.
5. Is the financial coverage limited to a number of MAP procedures? Yes. IUI: a maximum of 3 IUI cycles
Switzerland - Legal aspects
1. Is access to medically assisted procreation (MAP) (artificial insemination, in vitro fertilization procedures (IVF)
- restricted to heterosexual couples? No
- possible for women not living in a heterosexual couple? Yes
Switzerland - Current debate and specific situations
19. Is there an important current debate in your country on these or related issues? Yes. Recently, Parliament has decided that oocyte donation should be permitted. As a result, the Federal Council (government) has to prepare a corresponding draft law.
20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. -
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.