3. Are MAP procedures covered by the social security system? Yes. 

This may differ between counties but normally MAP is covered up to a limited number of attempts, presently most state owned/contracted clinics offer three attempts by national recommendation (by the Swedish Association of Local Authorities and Regions, SKL).

MAP is considered part of health care.

4. Are there specific criteria for such coverage? By national recommendations: If the couple/female is approved by above mentioned criteria she will receive up to three attempts. Females above 40 will however normally not be approved for treatment, unless embryos were frozen before she turned 40, in which case the embryos may be used before she turns 45. This applies regardless of financial coverage. The other parent must not be above 56 years old.

5. Is the financial coverage limited to a number of MAP procedures? Yes. Up to three attempts are normally covered.

16. Is donation of sperm/oocytes/embryos anonymous?

sperm No / oocytes No / embryos N/A

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. Yes, by request to the clinic which has a special registry about the donors (to be saved for 70 years). For embryo donor children it will be possible to find genetic siblings who have requested to be entered into the register.;

ii. For the parents No;

iii. For a court No. Unlikely, but potentially if court rules it necessary. 

Identity of the donor(s)

i. For the child him or herself Yes; ii. For the parents No; iii. For a court No

b. Certain health information concerning the donor(s)

i. For the child him or herself Yes, if relevant and noted in the donor registry; ii. For the parents No; iii. For a court No

c. Other information

i. For the child him or herself Yes, 

Contact info and any other info provided in the medical file

A donor child has the right to, at a “mature age” (interpreted as appx 18) and upon request, find out the identity and contact information of their donor. This information is to be kept for 70 years in a special donor registry. The parents are encouraged to inform their child about the donation;

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. 

Paternity is regulated in the Parental Code.

Paternity can be contested if, having regard to all the circumstances, it is not probable that the child was conceived by insemination or IVF.

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

Female married couples have access to sperm donation even if there is no infertility in the medical sense.

b. Risk of transmission of a disease

For a heterosexual couple Yes?; For women not living in a heterosexual couple? Yes

Female married couples have access to sperm donation and pre-implantation genetic diagnosis if there is a risk of transmitting a predisposition to a serious disease.

c. Other N/A

16. Is donation of sperm/oocytes/embryos anonymous?

sperm Yes / oocytes Yes / embryos -

Art. 18 specifies the rules of confidentiality regarding both the couples receiving MAP and the gamete donors.

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

Art. 18: The child may request medically important information about the donor after reaching 15 years of age, provided that he/she is mentally competent. The child’s legal representative may be given such information only with a permission issued by court, in cases of exceptionally important medical reasons.

The child’s physician has the right to access information in the donors’ registry for health reasons.

The court and administrative body have a right to access information in the registry if that is absolutely necessary for carrying out their official duties under this law.

a. Identity of the donor(s)

i. For the child him or herself No; ii. For the parents No; iii. For a court Yes. See comment to first table answer 17.

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. See comment to first table answer 17.

c. Other information

i. For the child him or herself No; ii. For the parents No; iii. For a court Yes. See comment to first table answer 17.

18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? 

In principle, no.

• Art. 41: Maternity cannot be contested if the mother had consented to the MAP procedure. When  a donated egg is used, the donor cannot claim maternity for the child, nor can biological maternity be determined in the interest of other parties. 
• Art. 42: Paternity may not be contested, unless it is claimed that the child had in fact not been conceived with a MAP procedure. In that case articles 96-99 of the Marriage and family relations Act apply.

When donated sperm is used, the donor cannot claim paternity for the child, nor can biological paternity be determined in the interest of other parties.

19. Is there an important current debate in your country on these or related issues? These issues are currently being discussed in medical faculties, medical doctors' councils and among lawyers.

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. -

Are there specific criteria for access to MAP?

Yes, Access permitted for heterosexual and homosexual couples, no access for single women. Access in case of high risk of transmission of a serious disease, e.g. HIV.

6. Is donation of sperm/oocytes/embryos permitted in your country? NA

7. Are there specific compensation arrangements for such donation? NA

8. Are there specific criteria for donation of sperm/oocytes/embryos? NA

9. Are there specific non-medical criteria for selection of gametes/embryo to be used for MAP? NA

10. Are there special measures for the prevention of consanguinithy? NA

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal partner? NA

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

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.

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

6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. 

There are no legal provisions on the subject.

Clinics’ internal regulations define the specific medical criteria applicable to donors. Some questions are covered by the Opinion of the Polish Association of Obstetricians.

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. 

There are no legal provisions on the subject.

The Opinion of the Polish Association of Obstetricians provides for the lump-sum compensation of donors of genetic material for the expenses incurred.

8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes. 

Criteria for donation of sperm:

There are no legal provisions on the subject.

Some questions are covered by the Opinion of the Polish Association of Obstetricians. Clinics’ internal regulations define the medical criteria applicable to donors. These include: age: 30 - 45 years (correlation between the risk of a genetic disorder, such as Down’s syndrome, and age), state of health (absence of mental, systemic, tumour or infectious disease), and testing for viruses and sexually transmitted diseases. Where there is a high risk of the mother transmitting a genetic disorder to her offspring, the sperm donor must undergo exclusion tests for the same autosomal recessive gene. The donor’s blood group must also be known, to make sure it is compatible with the parents’ blood groups.

Sperm tests are carried out in conformity with WHO standards. Sperm is only preserved if bacteriological tests yield negative results.  Donated sperm must be frozen for 6 months prior to the first insemination.

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? No. 

There are no legal provisions on the subject.

In practice basic physical and ethnic resemblance (skin colour) is taken into account.

10. Are there special measures for the prevention of consanguinity? No. 

There is no legal provisions on the subject.

Clinics’ internal regulations may settle this question. According to the Opinion of the Polish Association of Obstetricians, the number of pregnancies obtained using sperm from the same donor may not exceed five.

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No. 

There are no legal provisions on the subject.

A legal relationship between a child and the homosexual partner of his or her legal parent would be considered contrary to the spirit of Polish law on families and descent, which defines the family as the union of two individuals of the opposite sex.

Title of the law: There are no general laws or regulations on medically assisted procreation in Poland

If no legal instrument please describe the practice: In view of the lack of specific legal provisions, MAP may be practised under the general rules of medical law and in particular those governing the practice of medicine (duty to inform patients of the medical and legal consequences, confidentiality with regard to the MAP itself and the identity of the donor of the gametes, due care in the choice of the donor and examination of the genetic material to be used, the duty to obtain free and informed consent, etc), the corresponding rights of patients, the general laws on families, descent and registration, and the Medical Code of Ethics (which does not address this issue specifically). Some questions are addressed in the Opinion of the Polish Association of Obstetricians concerning the MAP techniques used in the treatment of infertility, and others by the internal regulations of the clinics practising MAP (practice may therefore vary from one place or establishment to another).

19. Is there an important current debate in your country on these or related issues? N/A

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. N/A

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?; For women not living in a heterosexual couple? N/A

c. Other N/A

6. Is donation of sperm/oocyte/embryos permitted in your country? 

No

7. Are there specific compensation arrangements for such donations? 

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 teh prevention of consanguinity? 

NA

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? MAP legal only for heterosexual couples

2. Are these specific criteria for access to MAP?

Medical reasons:

 a. Infertility

i. for a heterosexual couple? Yes

ii. for women not living in a heterosexual couple? Currently no, but envisaged for single woman in the new draft legislation.

b. Risk of transmission of a disease (please specify the risk and/or disease)

i. for a heterosexual couple? No

ii. for women not living in a heterosexual couple? No

3. Are MAP procedures covered by the social security system? NA

4. Are there specific criteria for such coverage? NA

5. Is the financial coverage limited to a number of MAP procedures? NA

2. Are there specific criteria for access to MAP? NA