Spanish legislation summary for the donation of gametes

Summary of Spanish law on gamete donation:


In Spain, any woman over 18 years old and in full capacity to act can receive or use Assisted Reproduction Techniques controlled by law, as long as written consent is provided. The woman can use or receive these techniques independently of her marital status or sexual orientation (Art. 6.1). If she is married, the husband’s consent is also required, unless they are legally, or in practice, separated, and this fact is officially recognised (Art. 6.3).


The choice of donor is the responsibility of the medical team, as specified in Art. 6.4. Under no circumstances can the donor be chosen by the patients. Maximum phenotypical and immunological similarity must be ensured, as well as maximum compatibility with the receiving woman. Anonymity of the donor must also be ensured.


Art. 11.1 of the current law 14/2006, establishes that semen may be frozen in authorised gamete banks during the lifetime of the man it proceeds from. The use of frozen eggs and ovarian tissue, on the other hand, requires prior authorization from the corresponding health authority. The pre-embryos left over from an IVF process, which are not transferred to the woman during the cycle, can be frozen in banks authorized for this purpose and their cryo-preservation can be prolonged until the moment in which the doctors responsible consider that the receptor no longer fulfils the clinical requirements necessary for the practice of assisted reproduction techniques. Article 11.4 establishes four possible uses for the frozen pre-embryos: use by the woman or couple themselves, donation for investigation ends, donation for reproduction or the end of their cryo-preservation without being used. Every two years, minimum, the woman or progenitor couple will be required to renew or modify their consent for the use of these frozen pre-embryos (Art. 11.6).