Legal Aspects Of Egg Donation In Spain


Egg donation is one option for women who cannot have children and want to become mothers. This in vitro fertilization technique consists in taking the egg of a donor which will be fertilised using a sperm sample. The embryo conceived will then be placed into the uterus of the recipient patient.

Over the past few years, this treatment has increased its importance. Therefore, it is necessary to know all the legal aspects of egg donation. In Spain , where Law 14/2006 rules the assisted human reproduction techniques.

According to Instituto Bernabeu, the Spanish Law describes oocyte donation as an altruistic and unpaid act, since the donor does it to help those women who cannot themselves produce an egg. Moreover this act does not allow to trade human bodies and their cells. The Spanish Fertility Acts does allow an economic compensation for the discomforts caused during the treatment.

One of the aspects to be highlighted is the fact that the donation is anonymous. The Law sets up the donor’s guarantee of confidentiality. Neither her identity nor her personal data can be disclosed, so both the donor and the person receiving her egg will not be able to trace her. Only in very exceptional cases, for reasons that could pose a risk to the child’s life or health, or that are related to criminal procedural issues, the identity of the donor could be revealed.

What the couple receiving the eggs can know is some very general information about the donor, as long as it doesn’t include her identity or any specific data as noted above.

As for the donor, she also needs to know that this is a safe process. At Instituto Bernabeu, she will be taken care of at all times and will be looked after throughout the process. During the egg donation process, the patient will only experience some discomfort very similar to the one during menstruation.

Finally, it should be noted that, to become an egg donor, there are always a number of conditions to be met, since not everyone is suitable as a donor. At Instituto Bernabeu, the donors must meet the following conditions:
-the woman must be between 18 and 32 years old
-She must be in good overall health and not suffer any genetic, hereditary or infectious diseases that may be transferred to the children
-She must have a normal ovarian function
-She must not be overweight and not have given birth to more than six children

The clinic carries out a comprehensive psychological, gynaecological and medical examination for all women involved in the egg donation process.