16. Is donation of sperm/oocytes/embryos anonymous? Yes
17. Is it possible to obtain information about the biological origin of a child born after gametes of embryo donation?
i. For the child him or herself Yes; ii. For the parents No; iii. For a court No
The law provides for access to the donor's non-identifying medical information for the treating physician and in the event of a therapeutic necessity concerning a child conceived from donated gametes. Since the law n°2021-1017 of 2 August 2021 on bioethics, the child born from a MAP can, at their majority, if they so wish, access the non-identifying data (age, general state, physical characteristics, family and professional situation, country of birth, motivation for the donation) and the identity of the donor. As of 1 September 2022, the donor's consent to this communication becomes a sine qua non condition of the donation and the persons born of these donations are therefore guaranteed to be able to access this data when they reach the age of majority if they so wish. As regards donations made before 1 September 2022, the legislator allows the donor to consent to this disclosure after the fact, either by a simple spontaneous expression of interest or by means of a procedure for contacting the donor. These donors retain the possibility of refusing the communication of their data. The anonymity of the donation between donors and recipients is not called into question.
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents NA; iii. For a court NA. See answer to the previous question
b. Certain health information concerning the donor(s) See answer to 1st question of table 17
i. For the child him or herself; ii. For the parents; iii. For a court
c. Other information See answer to 1st question of table 17
i. For the child him or herself; ii. For the parents; iii. For a court
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? Yes. It is not possible to establish a parent-child relationship between the child resulting from MAP and the donor, or to bring an action for liability against the donor. No action may be brought to establish or contest parentage on behalf of the child unless it is argued that the child is not the product of medically assisted procreation or that consent has been rendered ineffective.
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
Since the law n°2021-1017 of 2 August 2021 on bioethics, access is reserved for couples composed of a man and a woman or two women or any unmarried woman, alive, who has already consented to embryo transfer or insemination.
Recourse to MPA is now conditional on the existence of a parental project. The medical criteria relating to medically established pathological infertility or the transmission of a particularly serious disease, which previously conditioned access to MAP have been removed. Obstacles to insemination or embryo transfer include the death of one of the members of the couple, the filing of an application for divorce or legal separation, the signing of a divorce or legal separation agreement by mutual consent, or the cessation of cohabitation, as well as the written revocation of consent to the doctor in charge of implementing medically assisted procreation or to the notary who received the consent.
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
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes/oocytes Yes/embryos No
See http://eng.heilbrigdisraduneyti.is/laws-and-regulations/nr/686
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 Yes/embryos *
* See regulation: http://eng.heilbrigdisraduneyti.is/laws-and-regulations/nr/686
(Artificial insemination with donor sperm shall only be carried out if the fertility of the man is impaired, he has a serious hereditary disease or there are other medical reasons to use of donor sperm. (Article 8)
In vitro fertilization shall only be carried out with the gamete of the couple. It is however permitted to use donor gamete if the fertility of the man or the woman is impaired, either of them has a serious hereditary disease or there are other medical reasons to use of donor gamete. It is prohibited to carry out in vitro fertilization unless the gamete of either partner or either cohabitant is used. Donation of embryos and surrogacy is prohibited. (Article 9))
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. If donated gametes are used, the doctor in charge of the treatment shall select the appropriate donor. A donor of gamete shall be healthy and have no hereditary diseases. Necessary tests shall be carried out to ensure that the donor is healthy and fertile and to prevent the transmission of diseases with the gamete. If imported gametes are used, the fulfilment of the aforementioned demands must be ensured. A doctor shall endeavour to realize the wishes of applicants that the build, height, colour of eyes and hair and the blood type of the gamete donor is as closely resembling the parent's as is possible . (art.17 reg.568/1997)
10. Are there special measures for the prevention of consanguinity? Yes. Indirectly, 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.)
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. Art. 6, Act no. 87/1996 (The provisions of the Adoption Act relating to spouses shall not apply to registered partnership. A person in registered partnership can however adopt a child of the other partner of whom that partner has custody, provided the child has not been adopted from another country. Nor statute provisions on artificial insemination apply to registered partnership. Ni statute provisions involving particular rules depending on the sex of a married spouse shall apply to registered partnership. 1). Provisions of international agreements to which Iceland is a party shall not apply to registered partnership unless approved by the other party.)
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. Financial rewards are explicitly prohibited. Compensation for travel costs, administrative burdens and loss of earnings are legal under conditions (Act § 170 (3))
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
For a. and b. In a concrete intervention with gamete donation only one and the same person can be the donor.
The donation is prohibited (Act §171 (7))
Sperm: if the donor has a pathology excluding donation (Decree, appendix Nr. 3)
Oocytes: the donor refuses giving his/her personal data required (Act §171 (3))
Embryos: if the donor does not appear in person at the center
Age limit is 35 years (Act §171 (1))
Embryo donation is anonymous
Further conditions for embryo donation are detailed in Act §176
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes.
For gametes, the appearance, as well as eventual illness of the donor are registered data.
For oocyte donation, the level of eventual parent status must be considered (Act § 171 (4)).
For embryo donation, embryos issuing from the same couple may only be implanted in MAP for maximum two different persons. (Act § 175 (4)).
10. Are there special measures for the prevention of consanguinity?
The number of descendants from the same gamete donor with different persons included in MAP intervention cannot exceed 4.
MAP intervention can only be requested by persons who are not in level of parentage that would prevent legal marriage between them (Civil Code § 4:12 (1) a) and b), i.e. between linear relatives and brothers/sisters).
In MAP with persons in other level of consanguinity the physician indicating MAP has to previously consult with the Regional Genetic Center (Decree §1 (3)).
Embryos issuing from the same couple may only be implanted in MAP for two different persons (Act § 175 (4)).
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. MAP is restricted to heterosexual couples.
16. Is donation of sperm/oocytes/embryos anonymous? sperm Yes and No/oocytes Yes and No/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; iii. For a court
Detailed provisions in Act § 179 (1)
a. Identity of the donor(s)
i. For the child him or herself Yes; ii. For the parents; iii. For a court
Detailed provisions in Act § 179 (1)
b. Certain health information concerning the donor(s)
i. For the child him or herself Yes; ii. For the parents; iii. For a court
Detailed provisions in Act § 179 (1)
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, with exceptions.
The assumption of paternity cannot be contested by the father, with the exception if the husband or common-law companion has not consented to the MAP process (Civil Code § 4:108 a)).
The donor of sperm or embryo is excluded by law from fatherhood (Civil Code § 4: 103 (5)).
The donor of oocyte or embryo is excluded by law from motherhood (Civil Code § 4: 115 (4).
The woman delivering the child is considered the mother.
3. Are MAP procedures covered by the social security system? Yes.
Hungarian legal regulation considers infertility a pathological condition attaining families or even single women desiring to be mothers. The legal model of the treatment of MAP is the same as that of any other disease. (Act and Decree 49/1997 of the Minister of Welfare on Medical interventions against infertility to be financed by the social security system).
4. Are there specific criteria for such coverage? Yes.
Infertility is the condition for the coverage of MAP. Age can only be considered in respect of the health condition preventing fertility.
Decree 49/1997 specifies more closely the conditions to be applied.
5. Is the financial coverage limited to a number of MAP procedures? Yes. Interventions ending with embryo implantation can be covered five times maximum for the same patient.
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple?; For women not living in a heterosexual couple?
b. Risk of transmission of a disease
For a heterosexual couple?; For women not living in a heterosexual couple?
c. Other
As previously mentioned, it is proposed that legislation will permit assisted human reproduction services to be available to people irrespective of gender, marital status or sexual orientation. However, in the interests of any child to be born as a result of assisted human reproduction (or any existing children in families wishing to avail of assisted human reproduction), the legislation will provide for child welfare assessments which will afford a way of assessing whether intending parents are suitable for assisted human reproduction treatment. The purpose of these assessments will be used to assess intending parents’ age, health and ability to provide a stable and healthy environment for a child/children.
3. Are MAP procedures covered by the social security system? Yes. Partially covered
4. Are there specific criteria for such coverage? Yes. The proportion of the payment covered by the social security system differs according to how many times treatment has been undertaken.
5. Is the financial coverage limited to a number of MAP procedures? Yes.
For couples without a child together coverage for first treatment approx. 50%
For second to fourth treatments approx. 70%. No coverage for further treatments.
For couples with one child. Coverage for first to fourth treatment approx. 20%. No coverage for further treatments. No coverage for couples with more than one child.
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
a) Act on the Protection of Embryos [Embryonenschutzgesetz – ESchG];
b) Section 27a of Book V of the Social Code [Fünftes Buch Sozialgesetzbuch – SGB V];
c) Sections 1591 to 1600d, 1682, 1685, 1741 and 1742 of the Civil Code [Bürgerliches Gesetzbuch – BGB];
d) Section 9 of the Act on Registered Life Partnerships [Lebenspartnerschaftsgesetz – LPartG];
e) Section 8b of the Transplantation Act [Transplantationsgesetz – TPG];
f) Tissues and Cells Regulation of the Transplantation Act [TPG-Gewebeverordnung – TPG-GewV];
g) Sperm Donor Register Act [Samenspenderregistergesetz – SaRegG]
a) 13 December 1990; 1 January 1991
b) 26 June 1990; 1 January 1989 (as amended)
c) Civil Code as amended by the Act to Law on the reform of guardianship and care law [Gesetz zur Reform des Vormundschafts- und Betreuungsrechts]: 4 May 2021; 1 January 2023
d) 16 February 2001; 1 August 2001
e) 20 July 2007; 1 August 2007
f) 26 March 2008; 5 April 2008
g) 17 July 2017; 1 July 2018
a) German: http://www.gesetze-im-internet.de/eschg/
b) German: http://www.gesetze-im-internet.de/sgb_5/
c) German: http://www.gesetze-im-internet.de/bgb/
English: http://www.gesetze-im-internet.de/englisch_bgb/
d) German: http://www.gesetze-im-internet.de/lpartg/
English: http://www.gesetze-im-internet.de/englisch_lpartg/
e) German: http://www.gesetze-im-internet.de/tpg/
f) German: http://www.gesetze-im-internet.de/tpg-gewv/
g) German: https://www.gesetze-im-internet.de/saregg/
Ongoing revision of Sections 1591–1600d of the Civil Code and the Sperm Donor Register Act to implement the requirements of the coalition agreement (parenthood agreements prior to conception, automatic assignment of the mother's wife, gender-independent recognition, determination procedure without status consequences, and opening of the Sperm Donor Register Act to sperm donations made before 2018, home inseminations by known donors and embryo donations).
On the basis of paragraph 16b of the German Transplantation Act the German Medical Association has published Guidelines on the Procurement and Transfer of Human Germ Cells or Germ Cell Tissue in the context of Assisted Reproduction dated 11 March 2022 (Richtlinie zur Entnahme und Übertragung von menschlichen Keimzellen oder Keimzellgewebe im Rahmen der assistierten Reproduktion; https://www.bundesaerztekammer.de/fileadmin/user_upload/BAEK/Themen/Medizin_und_Ethik/RiLi-ass-Reproduktion.pdf).
Bosnia and Herzegovina still have no specific legislation on MAP covering entire country. Currently, MAP is regulated by the Health Insurance legislation bylaws (in both B&H entities: Federation BiH and Respublika Srpska and Brcko District BiH), mainly regulating the rights of the couple to reimbursement of IVF costs for two procedures.
Date of adoption and entry into force:
Federation BIH: Decision on Establishment of Basic Patients Rights http://mz.ks.gov.ba/sites/mz.ks.gov.ba/files/Odluka%20o%20utvrdjivanju%20Osnovnog%20paketa%20slnFBiH21-09.pdf chapter X (11.,12.)
Adopted on 19. March 2009, in force as of 01.04.2009
Published in: Službene novine Federacije BiH”, 21/09 of 01. 04.2009.
In the entity Republika Srpska and Brcko district, Health Insurance Fund endorse the budget for MAP each year, depending on the funds availability
Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law
MAP as a medical procedure is well established both in public and private sector in Bosnia and Herzegovina.
A draft Law on Medically Assisted Reproduction in the entity Federation B&H, after two years of preparation by the Federal Ministry of Health, and extensive public debate, has been rejected by the Parliament of Federation B&H in June 2014 https://www.google.ba/#q=+nacrt+zakon+o+biomedicinski+potpomognutoj+oplodnji
In 2016. B&H state level Parliamentary Group on Gender Equality drafted the B&H Framework Law on MAP (Setting standards for the entire country); however, despite support by the Council of Ministers of B&H, it has been rejected by Constitution-legal Commission of the House of Representatives, not for the content, due to for political reasons . http://static.parlament.ba/doc/46496_ZAKON%20O%20LIJE%c4%8cENJU%20NEPLODNOSTI_BIH%20%20nacrt_%20pre%c4%8di%c5%a1%c4%87eni%20(1). (July 2016)
Currently (January 2017) the new draft law on MAP (proposed by the Socialist Democrat Party MS) is in the Parliamentary procedure in B&H Entity Federation BIH, while the Draft of the MAP law prepared by the competent Ministry of Health will be on the Parliament agenda in 2017 as well.
a) The law of Georgia on Health Care (LHC) - Chapter XXIII Family Planning
b) The Draft law on Reproductive Health and Reproductive Rights (DL-RHRR)
a) LHC - Adopted by Parliament of Georgia on 10 December 1997
b) DL-RHRR– Submitted to the Georgian Government in December 2003
Later the document was sent to the various Ministries, Departments and governmental agencies and their comments have been taken into consideration as well.
The next steps should be: (a) discussions within the apparatus of the President and later (b) debates in the Parliament.
Title of the law: No specific law, but different articles in the Code make a reference to it:
Law of population health protection
Date of adoption: 26 June 1997; entry into force: 24 September 1997.
Chapter 5.
Article 29 Artificial insemination and embryo implantation.
Article 40. The usage of semen and human organs for transplantation.
The Criminal Code of Azerbaijan Republic
Date of adoption: 30 December 1999; entry into force: 01 September 2000
Chapter 8.
Article 136. Illegal Artificial insemination.
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
The Law on MAP of the Republic of Lithuania states that MAP can be applied to infertile couples when infertility cannot be treated by any other methods.
b. Risk of transmission of a disease
For a heterosexual couple? Yes; For women not living in a heterosexual couple? No
According to the above-mentioned Law, MAP can also be used if there is a high probability of transmitting a disease, which could cause severe disability to a future child.
c. Other No
3. Are MAP procedures covered by the social security system? Yes. In Lithuania infertility considered as a disease therefore MAP services are paid for in accordance with the Law on Health Insurance of the Republic of Lithuania. The compensation is available to people who have entered into a marriage or registered partnership agreement in accordance with the law and have been diagnosed with infertility (female, male or both). Age limit of woman for compensation - 42 years old.
4. Are there specific criteria for such coverage? Yes. Infertility is the condition for the coverage of MAP. Woman age limit for treatment of infertility with MAP is 42 years.
5. Is the financial coverage limited to a number of MAP procedures? Yes. A maximum of 2 treatment cecles per couple is reimbursed.
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes /oocytes Yes /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 Yes /embryos Yes. In fact there is neither a collection nor a bank in Luxembourg. The service functions in collaboration with a foreign bank.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Five classic characteristics (blood group, complexion, eyes, colour of hair, height).
10. Are there special measures for the prevention of consanguinity? No. The straws of sperm come from abroad.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. Currently no legislation.