Fertility laws in Spain, all you need to know

Fertility laws in Spain, all you need to know

Aug 25, 2021 | Author : MedicW

In ancient times, humans who faced infertility problems had little or no say in the matter because they were no methods to eradicate this situation. That era is all gone now, thanks to the different technologies that the 21st century came along with. There are now different modern and safe ways of battling the infertility condition. One of such is IVF (In vitro fertilization), even though few countries like France, Italy, Germany, Austria, Norway etc., have all banned the use of IVF in one form or the other. Nonetheless, few facts are known about the laws and regulations that cover this good news in all world countries. This article will explore the different types of fertility laws laid down in Spain and all that there is to know about the individual rules. It is also important to note that IVF procedures in Spain are of a high standard and quality, just like the IFVs procedure done in the US.

Assisted Reproductive Techniques (ART) and ART legislation

Fertility laws in Spain are covered under the Assisted Reproductive Techniques, and they are pretty different in all the regions of the world. Assisted Reproductive Techniques are all artificial alternatives of natural childbirth, which are all borne for the main aim of combating both male and female infertility. It is abbreviated as ART and has some laws and legislation that govern it in any region of the world. ART legislations are the rules and regulations laid down to easily regulate the utilization of modern methods, which are all scientific methods that have been proven to be safe to prevent and cure diseases caused by genetic origins (PGT). In addition, this legislation also regulates the requirements and assumptions surrounding the utilization of cryopreserving Homo sapiens pre-embryos and gametes. 

Safety and Legality

Although the fertility laws that govern a country differ from other countries, it is also a sure fact that the fertility laws that govern Spain shared similarities with some other countries. Taking Spain and the United States, for example, undergoing IVF (In Nitro fertilization) is not only safe and legal in both countries, the quality of the clinics where they are being done is also similar in both countries. Therefore, for patients who travel to another country to find the best treatment regarding fertility issues, Spain is a strong recommendation because they have the most recent ART legislation that enables the system to know the best ways to handle the newest situations and problems while giving the best treatment types as well. All types of treatments are legally allowed except in cases of specific gender selection and surrogacy. Heterosexual, single women, and women-women couples can be treated, and gamers' donation (whether sperm or egg) is hundred percent anonymous. 

Here is a list of the different assisted reproduction techniques that can or can't be carried out in Spain?


  • Ovulation induction treatment
  • Uterine Insemination treatment
  •  IVF
  • Sperm, eggs, ovarian or testicular freezing, which can be grouped under fertility preservation.
  •  PGT-monogenic diseases, aneuploidies, and reorganizations of certain chromosomes can be grouped under pre-implantation genetic testing.
  • Donation of eggs
  • Sharing of motherhood

Not allowed

  • The selection of a precise gender type
  • Surrogacy


Legislation and criteria guiding sperm and egg donation in Spain

All donations must be made anonymously, and the clinician in charge of the procedure should ensure this. It implies that you won't know the donor's identity or even have the privilege to choose who the donor would be. Also, your identity will not be known to the donor as well. It is important to note here that the gamete donation is generous, and it is not lucrative compared to other countries. It means that for all those periods, the donor must visit the hospital to perform all required tests; there will be compensation for that. Finally, under Spain law, the medical teams that will be in charge of the process are charged with the duty to select a donor that possesses the required phenotype plus an immunological similarity with the recipient of the sperm and egg gametes. 

There are some requirements that donors must meet before they can be fit for any egg donation procedure. The health of the sperm or egg donor is the ultimate criteria to look out for. Age also matters. While males have a more comprehensive age range in which the sperm is useful, women must be between eighteen to thirty-four years. Extensive medical tests and family interviews are held to ensure that there are no complicated medical conditions and history in the family to avoid more complex problems in the future.

For example, from a biology point of view, karyotype tests hells in checking for chromosome structure alterations. It detects even the slightest chromosome change because this can have a negative adverse effect on the offspring. So, the donor must possess the standard type of karyotype fit for the procedure. However, it is also possible that a person can carry a genetic disease and not be affected by this disease. It is the reason other tests are carried out to find out whether there is an existence of monogenic conditions. For monogenic diseases, any offspring coming from parents carrying this in their genes would be negatively affected. Other diseases checked during this process include muscular spinal atrophy, X-fragile syndrome, cystic fibrosis change, etc.

A perfect solution is genetic matching. Here, the donor is selected based on their physical attributes and genetic information verified by all the tests carried out.

Besides this, other fertility and laboratory tests must be carried out for both the male and female gender, e.g. screening for a wide range of diseases and infectious diseases of AMH levels in women. Others include ovarian reserve, a vaginal scan so that no disruption will end up counter-indicating the donation, pa-smear test, semen analysis in a make donor plus morphology, count, volume, concentration, progressive motility, vitality, and vitality motility.

Spain has a body called the donor registry. This donor registry is still in its implementation phase, referred to as SIRHA (Assisted (Human) Reproduction System). SIRHA networks all fertility clinics across the country to better regulate all the provided reproductive outcomes. This system assists all medical professionals with an overall idea of aspects to improve. Unsuccessful attempts, mistakes, ineffective testing, and all other problems and flaws are reported to help enhance the system and build a future of positive results: a safe and sound baby from a fit and exciting donor to an excited parent. That's the goal! In Spain, donors are not considered valid donors until six different babies are born; the SIRHA body has a way of regulating and controlling that. Also, fertility centers in Spain are charged with monitoring and reporting derived results to the nation’s fertility society continuously.

The Spanish legislation on embryo adoption is generous and anonymous, the same way sperm and egg donations are anonymous and generous. However, there are laid down conditions that enable the ease of the embryo used by another person. To successfully do an embryo donation, the donors must also ensure that they pass all requirements that bind the legal donation selection.

For the maximum time, there are frozen embryos, eggs, and sperms in Spain, and the storage limit is not legally defined. What is contained in the law instead is how these scientific samples are used. For men, their sperm can be in a frozen state throughout their whole life. At the same time, for a woman, her egg can be frozen until her reproduction era ends or the emergence of a health condition that doesn't allow the use or when she is above fifty years of age. The destination of these frozen embryos also determines the time they are frozen, and here is what the legislation suggests; one can either save it up for the couple's use, for another couple’s use, or have them donated for medical experiments and researched and conservation cessation without more help.

Planning to get an IVF is one thing; knowing the legislation details and regulation is also quite important. Spain is one of the first countries that introduced IVF into its system, and since then, there has been a constant and gradual upgrade in this system from time to time. However, the assistant reproductive technique regulates the use of assistant reproductive technology. All that there is to know about this technology regulation are embodied in this article.

At MedicW

At MedicW, a safe and secured IVF procedure can be organized for you without bothering about the validity of the legislation or regulations. We stay abreast in this aspect, and you have nothing to be scared of. 

With the best staffing and facilities, MedicW is your surest plug for any fertility surgical procedure. In addition, we have proffered solutions to thousands of people with different infertility problems. Reach out to us! We are just a call away!