6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Both, the Law on Health Care and draft Law on Reproductive Health and Reproductive Rights in principle permit donation of gametes and embryo.
However, the Law on Health Care does not include specific provisions on this issue. It includes only a general provision saying donor’s gamete(s) or embryo could be used for MAP.
The draft Law on Reproductive Health and Reproductive Rights is more specific. It includes a separate chapter on gamete donation, which defines conditions and procedures for gamete donation.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. LHC: No; DL-RHRR: No; According to the article 20 of DR-RHRR “there is no reimbursement for gamete donation. A donor shall be reimbursed for time spent and other expenses incurred by donorship” (e.g. time, transport, absence from office, etc.).
8. Are there specific criteria for donation of sperm/oocytes/embryos?
LHC: No DL-RHRR: Yes
DL-RHRR:
A gamete donor must be a legally competent man or woman above 18 years of age, who has none of the diseases defined by law.
The fusion of the sperm or ovum of genetic relatives for medically assisted reproductive technologies is prohibited.
The gamete can be retrieved from a deceased male person, only if he has given an advanced directive for taking his gametes after his death for homological artificial insemination, or for in vitro fertilization of the ovum of his spouse, married under the rules defined by the legislation of Georgia. On the other hand, taking ovum or an ovary from a deceased woman for the implementation of medically assisted reproductive technologies is prohibited.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP?
LHC: No
DL-RHRR: Yes
According to the draft Law on Reproductive Health and Reproductive Rights a couple or a single woman have the right to choose a donor on the basis of the donor’s age, appearance, ethnic background, and health condition. However, information on the identity of a sperm donor is confidential.
10. Are there special measures for the prevention of consanguinity?
LHC: No
DL-RHRR: Yes
The following two principles are introduced in the draft law (DL-RHRR) to avoid consanguinity:
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No
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
On the basis of Section 3a(2) of the Embryo Protection Act a pre-implantation genetic diagnosis is exceptionally permitted where the genetic predisposition of the woman from whom the egg cell was collected, or that of the man producing the sperm cell, or both, suggest that their offspring will be highly likely to have a serious genetic illness or to identify an abnormality that would be highly likely to lead to still-birth or miscarriage. With regard to the further requirements for a pre-implantation genetic diagnosis, reference is made to Section 3a(2) and (3) of the Embryo Protection Act. The execution of the MAP, in these cases, depends on the result of the pre-implantation genetic diagnosis.
c. Other
Pursuant to Section 6(2) of the Tissues and Cells Regulation of the Transplantation Act, the use of sperm cells for heterologous fertilisation, as a medically assisted procreation technique requires that the sperm donor is medically assessed as suitable for sperm donation, regarding his age, state of health and medical history and that the use of the donated sperm will not pose any health risks to others. Sperm donors are selected according to the criteria and laboratory tests laid down in Annex 4 Numbers 2 und 3 of the Tissues and Cells Regulation of the Transplantation Act. Annex 4 has implemented the selection criteria and laboratory tests for donors of reproductive cells laid down in Annex III of the Directive 2006/17/EC of 8 February 2006 as regards certain technical requirements for the donation, procurement and testing of human tissues and cells in national law. For this purpose, in particular, the donors’ serum or plasma samples must be tested and found negative for HIV 1 and 2, HCV, HBV and syphilis. Furthermore, urine samples of sperm donors must be tested and found negative for chlamydia by the nucleic acid amplification technique (NAT).
Additional aspects are set out in the Guidelines of the German Medical Association, paragraph 2.7.
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.
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
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
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?
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
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.
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
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes. Double gamete donation has been permitted since 2 August 2021.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. As stated in the Public Health Code, no payment, whatever its form, may be granted to the person who lend themselves to the removal of elements of their body or to the collection of their products. The full costs associated with removal or collection are nevertheless covered by the health care institution responsible for carrying it out. Oocyte donors benefit from an exemption from co-payment for 6 months for all care and treatment related to the donation.
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
Donor recruitment takes account of age, general state of health, personal and family history, results of health tests, and findings from sperm characteristics or gynaecological examination (in particular assessment of ovarian function).
A psychological interview is held.
A full and documented study of the genealogical tree of the gamete donor is made in order to identify risk factors for transmission of a genetic anomaly to the child. Any suspected anomaly is an indication to complete the work-up. A karyotype is performed.
The age limits set by the decree on good practices in MAP are 18 to 45 years for male donors and 18 to 37 years for female donors.
Since the law n°2021-1017 of 2 August 2021 on bioethics, the donor must expressly consent in advance to the communication of his non-identifying data (age, general state, physical characteristics, family and professional situation, country of birth, motivation for the donation) and his identity to the person resulting from his donation (at the latter's request). In the event of refusal, those wishing to donate cannot proceed with the donation.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Matching on phenotypic criteria (physical characteristics, blood type) between the recipient couple and the donor(s) is possible. It is optional and offered to applicants.
10. Are there special measures for the prevention of consanguinity? Yes. A maximum of ten children may be born from the use of gametes originating from the same donor. This control is exercised by the Agence de la biomédecine.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
Since the law n°2021-1017 of 2 August 2021 relating to bioethics, in the context of a MAP with a third-party donor, filiation with regard to the partner of the woman who gave birth to the child may be established by means of an anticipated joint acknowledgement (for MAPs carried out after the law came into force) or by a joint acknowledgement (transitional arrangement applicable to couples of women who had recourse to MAP abroad before the publication of the said law). These joint acknowledgements are made before a notary. The partner of the legal parent may also adopt (simple or full adoption) the child of his/her spouse, partner linked by a civil solidarity pact or cohabitant. Law No 2022-219 of 21 February 2022 aimed at reforming adoption has opened up adoption to unmarried couples. - The couple must, in this context, be married. However, a bill currently being discussed in Parliament intends to open adoption to all couples, even unmarried ones.
2. Are there specific criteria for access to MAP?
Medical reasons:
a. Infertility:
For a heterosexual couple? No; For women not living in a heterosexual couple? No
b. Risk of transmission of a disease
For a heterosexual couple? No; For women not living in a heterosexual couple? No
c. Other Yes
Since the law n°2021-1017 of 2 August 2021 on bioethics, medically assisted procreation is no longer conditional on medical criteria. The criteria linked to medically established pathological infertility or the transmission of a particularly serious disease, which conditioned access to MAP, have been removed. Recourse to MAP is now conditional on the existence of a parental project (Article L. 2141-2 of the Public Health Code).
Both laws are in force now in Greece:
This law mostly regulates issues of affiliation with the child to be born by medically assisted reproduction. This law also legalizes post-mortem insemination and surrogate motherhood, under certain conditions which are specified in the relevant articles.
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In 2005, Law 3305 was enacted regarding Medically Assisted Procreation in Greece. Whereas the previous law 3089 regulates mainly issues of affiliation of the child to be born with her parents, this law supplements the previous one and mainly regulates the way in which Units of MAP function. It describes the methods of MAP, conditions of application, informed consent issues, cryopreservation of gametes, gamete donation, embryo research, surrogacy, traceability etc. Moreover it provides for both administrative and penal sanctions for the perpetrators in case of violation of the law. It also establishes the responsible control mechanism, namely the National Authority for Medically Assisted Reproduction. According to this law methods of MAR are applied in a way which safeguards respect to the freedom of the individual and the right to development of personality (i.e. a right protected by the Greek Constitution), as well as the satisfaction of the desire to have a child , always according to the principles of Bioethics. The law further stipulates that the above mentioned application shall always take into consideration the welfare of the child to be born.
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Indicate if process of revision is ongoing and, in your answers, provide information on provision in the draft law: not actually
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
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.
6. Is donation of sperm/oocytes/embryos permitted in your country? sperm Yes / oocytes Yes / embryos No.
Donated embryos can only be used for research purposes in vitro, not for assisted reproduction.
Simultaneous use of donated egg and sperm is not allowed. An exception has been made for lesbian couples so that an oocyte may be collected from one of the women, fertilized with donor sperm, and the resulting embryo implanted into the womb of the other woman in the couple.
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes. National guidelines set maximum amount for compensation to donors. In addition to documented travel expenses, sperm donors may receive NOK 750 and oocyte donors NOK 5300 per donation. Amounts have been set to compensate donors for their time and possible inconveniences incurred by the donation.
8. Are there specific criteria for donation of sperm/oocytes/embryos? sperm Yes / oocytes Yes / embryos No.
Criteria for donation of sperm:
Criteria for donation of oocytes:
To prevent the use of sperm from diseased donors and to ensure that information about the donor (name, address) can be provided to the child when reaching 15 years of age, Norwegian citizenship or permanent habitual permission is required.
There will be an interview to ensure that the decision of the donor has the necessary maturity and an altruistic motivation and to ensure that the donor understands the consequences and is informed that future children may make contact. The donor must give a written consent. If the consent is withdrawn, unused sperm/oocytes must be destroyed.
Donation of embryos is forbidden.
Testing of donors follow the procedures and criteria set out in the EU Directives on tissues and cells.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. The Biotechnology Act requires that the attending physician select a suitable donor. It is recommended that the physician chooses a donor that has a close physical resemblance to the parents-to-be. Donors should not be chosen based on other criteria.
10. Are there special measures for the prevention of consanguinity? Yes.
A national registry of donors has been established to enable children that are conceived in Norway by donor sperm or donor oocyte to know the identity of the donor when reaching the age of 15 (or 18 for those born from gametes donated before 2021),
Sperm from one donor can be used by up to 6 families, this is specified in the consent form. The number of donation cycles for an oocyte donor is limited to 3. There is no maximum number of families.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes. Rules of parentage for the second mother (the women not giving birth) have been established.
6. Is donation of sperm/oocytes/embryos permitted in your country? Yes
7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? Yes.
The HFEA permits UK licensed clinics to compensate egg donors up to the fixed amount of £750 per cycle of donation and up to £35 per clinic visit for sperm donors. Guidance is provided to clinics in the HFEA’s Code of practice (https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf) and HFEA General Directions (http://ifqtesting.blob.core.windows.net/umbraco-website/1547/2017-04-03-general-direction-0001-version-4-final.pdf).
The HFEA also permits benefits in kind, such as egg sharing. Egg sharing arrangements where a woman who needs IVF treatment agrees to share her eggs with another woman needing donated eggs, in return for free or reduced rate treatment. Again guidance is contained in the HFEA code of practice: https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf
8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes.
a) The HFEA provides guidance to UK licensed clinics in its Code of Practice: https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf
Clinics should refer to the relevant professional body guidelines on age limits before accepting gametes for the treatment of others. Gametes for the treatment of others should not be taken from anyone under the age of 18. A donor must not be selected because they are known to have a particular gene, chromosome or mitochondrial abnormality that, if inherited by any child born as a result of the donation, may result in that child having or developing:
a) serious physical or mental disability
b) A serious illness
c) Any other serious medical condition
The use of gametes from donor known to have an abnormality as described above, should be subject to consideration of the welfare of any resulting child and should normally have approval from a clinical ethics committee.
9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP? Yes. Centres are not expected to match the ethnic background of the recipient to that of the donor. Where a prospective recipient is happy to accept a donor from a different ethnic background, the centre can offer treatment, subject to the normal welfare of the child assessment.
10. Are there special measures for the prevention of consanguinity? Yes. The HFEA maintains a register of all donors and patients who have had a child using donor gametes. Children born following donor conception who intend to enter into an intimate physical relationship can submit a joint application to the HFEA to establish whether they are genetically related. Also, anyone who intends to marry, or enter into a civil partnership may submit a joint application to establish whether they are genetically related. A single donor can contribute to a maximum of 10 families. After this limit is reached the donor can no longer be used, one reason for this being to reduce the risk of consanguinity.
11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? Yes.
The legal provisions on who can be a child’s legal parent and what conditions must be met is set out in the HFEA Act.
Where a woman in a civil partnership is seeking treatment using donor sperm, or embryos created using donor sperm, the woman’s civil partner will be treated as the legal parent of any resulting child unless, at the time of placing the embryo or sperm and eggs in the woman, or of her insemination:
a) A separation order was in force, or
b) It is shown that the civil partner did not consent to the placing in her of the sperm and eggs, or embryos, or to the insemination
Where a woman is being treatment together with a female partner (not a civil partner) using donor sperm, or embryos created with donor sperm, the female partner will be the other legal parent of any resulting child if, at the time the eggs and sperm, or embryos, are placed in the woman or she is inseminated, all the following conditions apply:
a) Both the woman and her female partner have given a written, signed notice (subject to the exemption for illness, injury or physical disability) to the centre consenting to the female partner being treated as the parent of any resulting child
b) Neither consent was withdrawn (or superseded with a subsequent written note) before insemination/transfer, and
c) The patient and the female partner are not close relatives (within prohibited degrees of relationship to each other as defined in section 58(2), part 2, HFE Act 2008)
19. Is there an important current debate in your country on these or related issues? No
20. Delegations are invited to provide information on particular cases encountered in their country.
There is as yet no case law on medically assisted procreation.
Unfortunately, the only text available in English is the draft bill, which is slightly different from the version that has been adopted.
3. Are MAP procedures covered by the social secirity system? Yes. Infertility is defined as a disease.
4. Are there specific criteria for such coverage? Yes. Procedures are covered for infertile couples (infertility is considered a disease), for women up to 42 years (natural generative age, estimated by the professional society)
5. Is the financial coverage limited to a number of MAP procedures? Yes. Social health insurance covers up to 4 intrauterine insemination procedures (IUI) and up to 6 in vitro procedures (IVF)
2. Are there specific criteria for access to MAP?
a. Infertility
i. for a heterosexual couple? Yes.
ii. for women not living in a heterosexual couple? Non
b. Risk of transmission of a disease (please specify the risk and/or disease)
i. for a heterosexual couple? Yes
ii. for women not living in a heterosexual couple?
Access to MAP for homosexual couples, for whatever reason, is not accepted.
6. Is donation of sperm/oocytes/embryos permitted in your country? 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