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Does Law 14/2006 on Assisted Human Reproduction Techniques support family diversity?

By inviTRA Staff .
Last Update: 01/25/2022

According to Law 14/2006 on Assisted Reproduction Techniques, the points to take into account are the following:

  • Any woman over 18 years of age and with full capacity to act may be the recipient or user of the techniques regulated in this Law, provided that she has freely given her written consent to their use, conscious and express. Women may be users or recipients of the techniques regulated in this Law regardless of their marital status and sexual orientation. This point of the law makes it very clear that any woman can be a recipient of assisted reproduction techniques and it is not necessary to be married and of course it does not depend on sexual orientation.
  • If the woman is married, the consent of her husband will also be required, unless they were legally or de facto separated and this is reliably recorded. The consent of the spouse, given before the use of the techniques, must meet the same requirements of free, conscious and formal expression. This means that if the woman is married and needs to access assisted reproduction techniques, the law states that the consent of the spouse is required in writing. In the event that there are frozen embryos and the couple separates, those embryos can only be transferred with the consent of both parents.
  • In the application of assisted reproduction techniques, the choice of the sperm donor can only be made by the medical team that applies the technique, which must preserve the conditions of anonymity of the donation. In no case may the donor be personally selected at the request of the recipient. In any case, the corresponding medical team must try to guarantee the greatest possible phenotypic and immunological similarity of the available samples with the recipient woman. According to this point of Law 15/2006, the choice of the donor is the responsibility of the medical team that carries out the assisted reproduction technique, whether it is egg donation or semen donation, which The law indicates that the donor must have the most similar physical characteristics to the woman who is going to receive the donation, as well as the most similar immunological characteristics.
Read the full article on: Family diversity: what are the new family models? ( 55).