Title of the law: Medically Assisted Procreation and Destination of Supernumerary Embryos and Gametes Act of 6 July 2007

Entry into force 27 July 2007

Published in: the Moniteur belge [Official Gazette] on 17 July 2007, p.38575

2. Are there specific criteria for access to MAP? 

Medical reasons:

a. Infertility:

For a heterosexual couple? Yes; For women not living in a heterosexual couple? No

b. Risk of transmission of a disease

For a heterosexual couple? No; For women not living in a heterosexual couple? No

The in vitro fertilisation centre must check that the causes of the sterility, infertility or hypofertility of the applicant or applicant couple have been determined and treated in accordance with the latest scientific findings and the practices of the profession. In the case of a single woman or a couple of women, they are considered to be incapable in their own condition of having a child without MAP (without personally suffering from a problem of sterility per se).

c. Other NA

NA

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

16. Is donation anonymous for the : sperm Yes/No; oocytes Yes/No; embryos Yes 

Gamete donations are anonymous, except in the case of non-anonymous donations.

17. Is it possible to obtain information about the biological origin of a child born after gametes or embryo donnation? 

i. for the child   Yes/No

ii. for the parents   Yes/No

iii. for the court    Yes/No

The law provides that information relating to gamete donors (= medical information relating to the gamete donor, likely to be of importance for the healthy development of the unborn child) may be communicated by the fertilisation centre:

1° to the recipient couple who request it when making a choice;

2° insofar as the health of the person conceived by gamete insemination so requires, to his or her attending physician and to that of the recipient or the recipient couple.

Is it possible to obtain information about the identity of the donors ?

i. for the child   No

ii. for the parents   No

iii. for the court    Yes/No

Is it possible to obtain certain health information concerning the donors?

i. for the child   Yes, indirectly

ii. for the parents   Yes

iii. for the court    No

Is it possible to obtain other information?

i. for the child   No

ii. for the parents   No

iii. for the court    Yes/No

18. Is it possible to contest maternity and paternity of children born utilising MAP and under which conditions? No. 

The MAP law is very clear: from the moment the embryos/gametes are implanted, the rules of filiation as set out in the Civil Code apply in favour of the person(s) responsible for the parental project who received the embryos/gametes. No action relating to filiation or its patrimonial effects is open to the donor(s) of embryos/gametes.

6. Is donationn of the sperm, oocytes and embryos permitted? Yes

7. Are there specific compensation arrangements for such donations? Yes. Not regulated, but possible. 

8. Are there specific criteria for donation of the sperm, oocytes and embryos? Yes, age limit. 

9. Are there specific non-medical criteria for selection of gametes/embryos to be used for MAP?

The matching of donor(s) and recipient(s) cannot be considered as a eugenic practice and is therefore authorised.

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

Gametes from the same donor may not result in the birth of children to more than six different women. In this context, the female authors of the parental project, who declare that they have a common parental project, are considered as a single woman. Fertilisation centres use the database referred to in article 64, § 2 of the MAP law. In the event of importing or receiving gametes from abroad, the fertilisation centre asks the supplying establishment for a guarantee that, by supplying gametes from the donor concerned, the limit provided for above will not be exceeded in Belgium and that the supplying establishment does not make material from the same donor available to a greater number of recipients than that referred to.

11. In a homosexual couple, is a legal relationship possible between a child and the partner of his or her legal parent? 

Yes, adoption. 

3. Are MAP procedures covered by the social secutiry system? 

Yes. 

The health insurance system does reimburse medicines for fertility disorders, as well as covering the costs of medically assisted reproduction.

Are there specific criteria for such coverage? 

Yes. The legal criteria must be met (age criteria, infertility, etc.).

There are 3 types of package allocated per cycle (‘IVF’ package, ‘oocyte recipient’ package, ovarian stimulation/UTI' package) subject to certain conditions (age, number of cycles, etc.).

Is the financial coverage limited to a number of MAP procedures? Yes