16. Is donation of sperm/oocytes/embryos anonymous?

sperm No / oocytes No / embryos N/A

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. Yes, by request to the clinic which has a special registry about the donors (to be saved for 70 years). For embryo donor children it will be possible to find genetic siblings who have requested to be entered into the register.;

ii. For the parents No;

iii. For a court No. Unlikely, but potentially if court rules it necessary. 

Identity of the donor(s)

i. For the child him or herself Yes; ii. For the parents No; iii. For a court No

b. Certain health information concerning the donor(s)

i. For the child him or herself Yes, if relevant and noted in the donor registry; ii. For the parents No; iii. For a court No

c. Other information

i. For the child him or herself Yes, 

Contact info and any other info provided in the medical file

A donor child has the right to, at a “mature age” (interpreted as appx 18) and upon request, find out the identity and contact information of their donor. This information is to be kept for 70 years in a special donor registry. The parents are encouraged to inform their child about the donation;

ii. For the parents No; iii. For a court No

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

Paternity is regulated in the Parental Code.

Paternity can be contested if, having regard to all the circumstances, it is not probable that the child was conceived by insemination or IVF.

19. Is there an important current debate in your country on these or related issues? 

The Constitutional Court found certain provisions of the Law on Infertility Treatment and Procedures of Medically Assisted Reproduction to be unconstitutional, specifically regarding access to assisted reproduction procedures for single women and women in same-sex partnerships. The Court ordered that the unconstitutional provisions be amended within one year through a legislative amendment. The Ministry of Health has prepared the required changes and submitted the amendment to Parliament for approval. It is expected that the amendment will be adopted. The legal position on surrogacy remains unchanged, and surrogacy continues to be prohibited.

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. 

3. Are MAP procedures covered by the social security system? Yes. 

This may differ between counties but normally MAP is covered up to a limited number of attempts, presently most state owned/contracted clinics offer three attempts by national recommendation (by the Swedish Association of Local Authorities and Regions, SKL).

MAP is considered part of health care.

4. Are there specific criteria for such coverage? By national recommendations: If the couple/female is approved by above mentioned criteria she will receive up to three attempts. Females above 40 will however normally not be approved for treatment, unless embryos were frozen before she turned 40, in which case the embryos may be used before she turns 45. This applies regardless of financial coverage. The other parent must not be above 56 years old.

5. Is the financial coverage limited to a number of MAP procedures? Yes. Up to three attempts are normally covered.

19. Is there an important current debate in your country on these or related issues? These issues are currently being discussed in medical faculties, medical doctors' councils and among lawyers.

20. Delegations are invited to provide information, in this section, on particular cases encountered in their country, and especially their case-law. -

 Title of the law: Federal Act enacting provisions on medically assisted reproduction (Reproductive Medicine Act – RMA), Federal Law Gazette No. 275/1992, last amended by Federal Law Gazette I No. 37/2018 (see RIS - Fortpflanzungsmedizingesetz - Bundesrecht konsolidiert, version of 25 November 2024 (bka. gv.at)

 Date of adoption: 14 May 1992 entry into force 1 July 1992, with various adaptions until 2018

 Published: in Federal Gazette “Bundesgesetzblatt” BGBl. Nr. 275/1992

 Amendment: Fortpflanzungsmedizinrechts-Änderungsgesetz 2015

 Date of Adoption: 23 February 2015, entry into force: 24 February 2015

 Published in: Federal Gazette “Bundesgesetzblatt” BGBl. I Nr. 35/2015

Revision concerning egg donation, sperm donation and PGD

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).

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 the social security system? 

No

4. Are there specific criteria for such coverage?

No

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

Yes

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?                NO

b. Risk of transmission of a disease (please specify the risk and/or disease)                  

            i. for a heterosexual couple?                                                     YES

            ii. for women not living in heterosexual couple?                   NO

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.

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. Is donation of sperm/oocytes/embryos permitted in your country? NA

7. Are there specific compensation arrangements for such donation? NA

8. Are there specific criteria for donation of sperm/oocytes/embryos? NA

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

10. Are there special measures for the prevention of consanguinithy? NA

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal partner? NA

6. Is donation of sperm/oocyte/embryos permitted in your country? 

No

7. Are there specific compensation arrangements for such donations? 

NA

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

NA

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

NA

10. Are there special measures for teh prevention of consanguinity? 

NA

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? MAP legal only for heterosexual couples

2. Are these 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? Currently no, but envisaged for single woman in the new draft legislation.

b. Risk of transmission of a disease (please specify the risk and/or disease)

i. for a heterosexual couple? No

ii. for women not living in a heterosexual couple? No

3. Are MAP procedures covered by the social security system? NA

4. Are there specific criteria for such coverage? NA

5. Is the financial coverage limited to a number of MAP procedures? NA

1. Is access to medically assisted procreation (MAP) 

a. restrictd to heterosexual couples? Yes

b. possible for women not living in a heterosexal coupe? Currently No, but envisaged in the new draft legislation.

2. Are there specific criteria for access to MAP? NA

2. Are there specific criteria for access to MAP? 

Medical reasons:

a. Infertility:

For a heterosexual couple? No; 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

c. Other N/A

Provision of treatment on the National Health Service (NHS) varies across the UK with different local clinical commissioning groups (CCGs) or health boards having differing levels of provision and different eligibility criteria. The National Institute of Clinical Health and Excellence (NICE) is the NHS body who developed the overarching guidelines which CCGs then apply locally. Guidelines can be viewed here: https://www.nice.org.uk/guidance/cg156. Private fee-paying (non-National Health Service) patients can have treatment for purely non-medical reasons if they wish.

As the UK’s regulator for assisted reproduction, the HFEA requires licensed fertility clinics to follow screening requirements to avoid the transmission of diseases. Donors have to be screened for infectious diseases such as HIV, Hepatitis B and C and Cytomegalovirus (CMV). Among the criteria to be considered is the patient’s age, health and ability to provide for the needs of a child/children. Further information on screening requirements can be viewed in the HFEA’s code of practice: http://www.hfea.gov.uk/498.html

Clinics ultimately must decide fairly whether to offer or refuse treatment. Further information on guidance to treating people fairly when receiving fertility treatment is included in the HFEA code of practice: https://www.hfea.gov.uk/media/2793/2019-01-03-code-of-practice-9th-edition-v2.pdf

6. Is donation of sperm/oocytes/embryos permitted in your country? Yes

7. Are there specific compensation arrangements for donations of sperm/oocytes/embryos? No. 

Article 28 (paragraph 1-3) regulates Prohibition of Gain from BMAF Procedures

Prohibitions referred to in paragraph 1 to 3 above shall not be applicable to:

1) living donor compensation for loss of earnings or other income for time spent in a medical institution or during recovery, or during temporary inability to work, or compensation for other eligible expenses that the donor has had due to the procedure of retrieval of reproductive cells (transport, accommodation, food costs etc.);

2) eligible compensation in connection with payment for medical or other services related to retrieval of reproductive cells;

3) compensation in the event of excessive damage arising from the retrieval of reproductive cells.

8. Are there specific criteria for donation of sperm/oocytes/embryos? Yes

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

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

11. In a homosexual couple, is a legal relationship possible between a child and the partner of the legal parent? No