Title of the legislation: Law 12/2019, of the 15^th February, described as techniques of assisted reproduction

Date of adoption and of entry into force: adopted on 15.02.2019 and came into force on 21.03.2019

Published in the Official Bulletin of the Principality of Andorra (B.O.P.A)

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. Are donation of the sperm/oocytes/embryos permitted? Yes

7. Are there specific compensation arrangements for such donations? Yes

The financial compensation that may be established is strictly limited to covering physical discomfort and any travel or work-related expenses resulting from the donation. Under no circumstances may the nature or amount of the compensation constitute an economic incentive

8. Are there specific criteria for donationn of the sperm/oocytes/embryos?

Female and male gamete donors must be over eighteen years old and not exceed the ages of thirty-seven and forty-five respectively. Additionally, they must be in suitable health.

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

10. Are there special measures for the prevention of consanguinity? Yes

The maximum number of children born to individuals of Andorran nationality or residents in Andorra using gametes from the same donor may not exceed one, unless the gametes are used within the same recipient’s reproductive project. For individuals who are not of Andorran nationality or not residents in Andorra, the maximum number of children born from the same donor’s gametes may not exceed three.

11. In a homosexual couple, is a legal relationship possible betweenn a child and the partner of the legal parent? Yes. 

Children born from the mother's assisted fertilization, practiced with the consent of her spouse, man or woman, are the legitimate children of said spouse, even if the fertilization took place after his or her death, provided that the time and form requirements established by the Qualified Law on Assisted Human Reproduction Techniques have been met (Art. 166 Law 30/2022, of July 21, on the person and the family)

3. Are MAP procedures covered by teh social secutiy system? Yes

Three possible purposes for funding:

• Therapeutic: Infertility is considered a disease.

• Preventive: Aimed at preventing the transmission of serious diseases or disorders of genetic origin, or the transmission or development of other serious diseases of early onset, which are not susceptible to curative postnatal treatment according to current scientific knowledge.

• Other special situations: Embryo selection for the treatment of third parties, or preservation of gametes or embryos for deferred autologous use upon medical indication to preserve fertility in situations associated with specific pathological processes.

4. Are there specific criteria for such coverage? Yes

a) Recipient women must be over 18 and under 42 years of age at the time of submitting the prior agreement request to the CASS, as established in Article 3.

The gamete preservation techniques to preserve fertility in situations associated with specific pathological processes may be applied to individuals under 18 years of age if a valid medical indication is provided.

b) Women with no previous children or couples with no children in common, except the embryo selection for the treatment of third parties

5. Is the financial coverage limited to a number of MAP procedures? Yes: It is limited to two IVF cycles.

2. Are there 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?                YES

b. Risk of transmission of a disease (intended to prevent the transmission of serious diseases or disorders of genetic origin, or the transmission or development of other serious early-onset diseases that are not susceptible to curative postnatal treatment with current scientific knowledge, and that can be prevented through the application of these techniques.)                

i. for a heterosexual couple?                                                    YES

            ii. for women not living in heterosexual couple?                   YES

c. Other

Assisted Reproduction Treatments (ART) for Individuals in Special Situations:

1. Embryo selection for the treatment of third parties. This requires compliance with the provisions of Article 16, paragraph 2, of Law 34/2018, of 20 December, on organs, cells, tissues, and blood.

1.  Preservation of gametes or embryos for deferred autologous use upon medical indication, to preserve fertility in situations associated with specific pathological processes.

16. Are donation of the sperm/oocytes/embryos anonymous? Yes

The donation is confidential.

Children born have the right, by themselves or through their legal representatives, to obtain information with clinical significance from donors that does not include their identity.

Only exceptionally, in extraordinary circumstances that entail a certain danger to the life or health of the child or when appropriate in accordance with criminal procedural laws, may the identity of donors be revealed, provided that the disclosure is essential to avoid the danger or to achieve the proposed legal purpose. This disclosure is of a restricted nature and does not imply in any case publicity of the identity of the donors.

17. Is it possible to obtain information about the biological origin of a child bornn after gametes or embryo donation for the child/for the parents/for the court?

i. For the child him or herself                                                    

ii. For the parents                                                                    

iii. For a court                                                                          

In particular:

a. Identity of the donor(s)

i. For the child him or herself     Yes

ii. For the parents      Yes                            

iii. For a court                                                                       

            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                                                                          

            c. Other information

i. For the child him or herself                                                    

ii. For the parents                                                                    

iii. For a court                                                                          

The donation is confidential.

Children born have the right, by themselves or through their legal representatives, to obtain information with clinical significance from donors that does not include their identity.

Only exceptionally, in extraordinary circumstances that entail a certain danger to the life or health of the child or when appropriate in accordance with criminal procedural laws, may the identity of donors be revealed, provided that the disclosure is essential to avoid the danger or to achieve the proposed legal purpose. This disclosure is of a restricted nature and does not imply in any case publicity of the identity of the donors.

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

The husband or wife of the surrogate mother may annul the determination of paternity or maternity by means of an authentic declaration that must be entered in the Civil Registry within six months of the birth and may also contest it if the conception of the child was not consented to or did not take place in accordance with the requirements set out in the Qualified Law on Assisted Human Reproduction Techniques (Art. 166 Law 30/2022, of July 21, on the person and the family).

19. Is there an important current debate in your country on these or related issues? If so, what might the implications be? 

No

20. Particular cases encountered in your country, and expecially, their case-law

NA