16. Is donation of sperm/oocytes/embryos anonymous? Yes.
After Law 4958/2022, donors can choose to be anonymous, or named / “open”, or to provide that the identity can be disclosed to the child upon his or her adulthood, upon his or her request. The basic principle remains that the identity of the child and the parents is not disclosed to third-party donors. Anonymity remains the rule (article 9 Law 3305/2005). Law 4958/2022 exceptionally allowed “open” donations with a declaration of consent from the donor.
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 Yes; ii. For the parents Yes; iii. For a court Yes
The child and his legal representative may have access only to medical data which are kept in secrecy and in a codified form in Cryopreservation Banks.
Law 2472/1997 on the “Protection of individuals with regard to the processing of personal data” qualifies health data as “sensitive” kind of information and stipulates special permission of the Data Protection Authority (Article 7).
According to Art 20, para 3 of Law 3305, access to the National Registry of Donors and Receivers is permitted only to the child and for reasons related to his health, with the permission of the Data Protection Authority and as long as the conditions of Law 2472/1997 regarding protection of personal data are fulfilled. The parents may have access to information only when they act as representatives of the child. The Court may order access.
a. Identity of the donor(s)
i. For the child him or herself Yes/No; ii. For the parents No; iii. For a court Yes/No
The law adopts the principle of anonymity regarding any donation, therefore, the identity of the donor cannot be revealed under any circumstances. The child and his legal representative may have access only to medical data which are kept in secrecy and in a codified form in Cryopreservation Banks.
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 Yes
The child or the parents (acting as representatives of the child) can have access to health information which are kept in secrecy and in a codified form in Cryopreservation Banks but not to the identity of the donor. The Court also may authorize access to health information.
c. Other information
i. For the child him or herself Yes; ii. For the parents Yes; iii. For a court Yes
18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? YES, but with strict restrictions.
Surrogacy: According to article 1464 of the Civil Code, in the case of a child from surrogacy, the mother is considered the woman who received the court permission, not the pregnant woman, unless a timely action for challenge is filed. Bioethics
Paternity after MAP: The husband of the mother who has consented in writing to the MAP cannot challenge paternity. The rights of third parties to challenge are limited and subject to time limits, according to articles 1465 et seq. of the Civil Code.