Trying to clarify questions about egg donation and legal aspects we have translate for you the article about gamete donation of Donation Spanish Law.
Donation – Article 5
- Donation of human gametes and pre-embryos is a free, formal and confidential contract between the donor and the center.
- The donation only could be revocable in case the donor, for sudden infertility reasons, would need the donated gametes, and those are still available at the moment of revocation. Once revoked, the donor must refund all kind of expenses to the recipient center.
- Under no circumstances will a donation be made for lucrative or commercial ends.
- The written contract is set down between the donor and the authorized center. Before signing the donor must be informed about the purpose and its consequences.
- Donation shall be anonymous. Details of the identity of the donor shall be kept in the strictest secrecy, and with access subject to security procedures in the respective Bancs and in the National Register of Donors. Children born as a result of the use of these techniques have the right either personally or through their legal representatives, to obtain general information regarding the donors, excluding the donor’s identity. The same right concerns as well the recipients of the gametes. Only in exceptional circumstances such as unequivocal danger to the life or health of the child, or regarding Procedural Criminal Law matters can the identity of donors be revealed. In this case the article 8, point 3 (The revelation of the donor’s identity, for reasons described in article 5, point 5, in no case, does not modify the previously established filiation. The revelation of the donor’s identity is done in a restricted form and will, in no case, be published.
- Donors must be over 18 years of age and have full mental capacity. Their psychophysical state must meet the demands of an obligatory protocol of necessary clinical assessments and analytical judgment in order to show that donors do not suffer from genetic or hereditary diseases or infections transmittable to the descendants and enclosing the donor’s phenotypical characteristics.
- The authorized centers and the National Register of Donors will take the appropriate measures that the maximum authorized number of children born using the gametes of the same donor must not exceed six in Spain.
- The same regulations from this Article will be applied regarding the reproductive cells of the husband, in case of using the surplus gametes for fertilization of another person than his wife.
