Spanish Legislation

Spain can be proud to have one of the most developed assisted reproduction of human lives legislations in Europe. This means:

The law’s aim is:

  • Regulate the application of scientifically proven and clinically indicated assisted human reproduction techniques.
  • Regulate the application of assisted human reproduction techniques in the prevention and treatment of diseases of genetic origin, provided that there are sufficient diagnostic and therapeutic guarantees and are duly authorized by the terms established in this Law.
  • The regulation of the assumptions and requirements of use of gametes and human pre-embryos cryopreserved.

Each woman who is older than 18 years old and capable of taking her own decisions, can be a donor or a receiver of the methods which are regulated by this law, if she agrees to it and signs a declaration of consent on her own will. The woman can be donor or receiver of these techniques. Her relationship status, as well as her sexual orientation do not affect this in any way.

In the case the woman is married, we need the written declaration of consent of the husband, if they are not legally separated. The partner has to agree to the treatment before we start. The declaration of consent has to be signed formal, willful and by free will.

The recipient woman of these techniques can end the treatment whenever she wants before the egg transplantation is done. Her wish will be taken into account.

The donation is anonymous and is bound to the privacy statement of the donor by the sperm bank and by the donor register and the clinics which use it.

The cryopreserved sperm can be authorized at the sperm bank throughout the donor’s lifetime.

The embryos of the in-vitro fertilisation which haven’t been used and won’t be transplanted into the woman’s body in a reproductive cycle could be cryopreserved in the authorized banks as well.

The authorized centers can use techniques for the diagnosis of the preimplantation genetic diagnosis in order to prevent dangerous hereditary diseases which can’t be cured after the birth. Like this only embryos which are not affected will be chosen for the implantation.

The filiation of the children which are born through the assisted reproduction is resolved by the Civil Code.