Sperm donation laws by country

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Sperm donation laws vary by country. Most countries have laws to cover sperm donations which, for example, place limits on how many children a sperm donor may give rise to, or which limit or prohibit the use of donor semen after the donor has died, or payment to sperm donors. Other laws may restrict use of donor sperm for in vitro fertilisation (IVF) treatment, which may itself be banned or restricted in some way, such as to married heterosexual couples, banning such treatment to single women or lesbian couples. Donated sperm may be used for insemination (whether natural or artificial) or as part of IVF treatment. Notwithstanding such laws, informal and private sperm donations take place, which are largely unregulated.

Contents

Restrictions on sperm donations or the ability to obtain IVF treatment in some jurisdictions has given rise to women traveling to a country which does not impose restrictions in the circumstances in which they finds themselves to obtain such donations or treatments, in a practice called fertility tourism.

Regulation of sperm donations

Number of donations

Most jurisdictions limit the number of children a sperm donor may give rise to. The main reason to limit sperm donations is the risk of accidental consanguinity or inbreeding between donor offspring. [1] In some countries such limits are voluntary (e.g., Japan and the United States) while in others they are imposed by law, and some jurisdictions do not have any limits. Most jurisdictions which set limits on the number of sperm donations do so in terms of number of donor offspring, but some jurisdictions set the limits in terms of "families", to allow for the children of the recipient woman to be true genetic siblings and because consanguinity issues are caught by a country's incest laws. Most jurisdictions set only local limits, while a number set worldwide limits. Some jurisdictions permit the export of donor sperms, which may not count in the limit on donor offspring, while the import of donor sperm may be subject to local limits.

Recipients

Many countries have restrictions on who can be a recipient of donated sperm. Some countries restrict donations to married heterosexual couples (e.g., Japan), and some to married heterosexual or homosexual couples, while others permit donations to married couples or those in cohabitation relationships. In some jurisdictions such as France, single women and lesbian couples have only been able to receive treatments using donor sperm since 2021. [2] Some jurisdictions have no restrictions on who can receive donated sperm. In some countries only a husband's sperm can be used for insemination.[ citation needed ]

Rights of donor

The rights of the sperm donor also vary. These involve rights to compensation, anonymity, parental rights, child support obligations, besides other issues. Sperm donation by natural insemination involves other varied moral and legal issues.

Overview table

CountryDonor paymentChildren per donorDonor anonymityAllowed recipients
Australia No [3] NoEveryone
AustriaVaries3 familiesNoMarried heterosexual or homosexual couples
Belgium No data6 families [7] Varies[ citation needed ]No data
BulgariaExpenses5 children [8] YesEveryone
Canada No25 children per population of 800,000 [9] Yes [10] No data
Cyprus ExpensesNo dataYesHeterosexual couples and single women
Denmark 200–500 DKK [11] 12 children [12] Varies [13] Everyone
Finland €32.40 per donation, roughly €324 total and expensesUnlimited, but maximum in 5 familiesNo, child may have Id when 18 years old.Everyone
France No10 children [14] Yes [15] No data
Germany Varies15 children [16] NoUsually married heterosexual couples
Hong Kong No data3 children [17] No dataMarried heterosexual couples with age restrictions
Italy NoNo dataYesMarried heterosexual couples
Japan NoNo enforced national limit; guidelines recommend 10 births per donor [18] YesLegal Married heterosexual couples with age restrictions
Netherlands Expenses25 children [14] NoEveryone
New Zealand Expenses10 families [19] NoEveryone
Norway Expenses8 children [20] NoMarried or in cohabitation
Portugal €43.88 per donation [21] 10 familiesNo, child may have name when 18 years oldEveryone
Spain No data6 childrenYes [22] Everyone
Sweden 300 SEK 12 children to 6 families (2 per family) [23] NoMarried or in cohabitation [24]
Switzerland Expenses8 childrenNoMarried couples
United Kingdom £35 to cover expenses [25] 10 families in UK. Exports subject to national limits [25] NoEveryone
United States of America VariesNo enforced national limit; guidelines recommend 25 births per population of 850,000 [26] VariesEveryone

By country

Australia

Laws relating to assisted reproduction vary between states. Since 1995, when a child becomes an adult, they can apply for the sperm donor's details. Sperm donors are not paid. Demand is high for donor sperm, and laws vary between states as to how many families a donor's sperm can be provided to. [27] In Victoria, there is a limit of 10 families per donor. [28] In Western Australia, the Human Reproductive Technology Act 1991 (HRT Act) limits the number of families for each donor to 5. [6]

Belgium

There is no limit to the number of children born from each donor, however they can only donate to a maximum of six families. Before the law was changed in July 2007, a medical practitioner could make his or her own decision on the maximum. In the late 1990s Belgian fertility clinics (or sperm banks) imported large amounts of donor sperm from other countries and this led to Belgium becoming a 'fertility destination'. However, the Belgian Parliament became concerned about this and, along with the promulgation of the Tissues Directive by the European Commission, the Government decided radically to alter the laws relating to maximum numbers.[ citation needed ]

Canada

There is no upper limit to the number of donor offspring in Canada, but sperm banks generally follow the same recommendations as in the US, i.e. a maximum of 25 offspring per population of 800,000. [9]

The Assisted Human Reproduction Act banned compensation for sperm donors and imposed a bureaucratic system described as "cumbersome" on donors, after which time more than 90% of donor sperm used in Canada comes from the U.S. [29] [30] The federal government does not track the number of births by sperm or egg donation, and there is no registry. [31]

Denmark

In Denmark, one donor may give rise to 12 children. Before the new limit was set a donor could help to conceive children in up to 25 families who could use the donor sperm for conceiving siblings even after the limit was reached. [32]

However, Denmark also exports semen worldwide, and where it is the limit of the importing country that is followed, or, when there is no such limit, a fixed amount considering that country's total population, [33] in order to minimise the risk of consanguinity.

Through the export it may result in that some single donors have up to 200 biological children worldwide who are genetic half-siblings [34]

France

In France, donations from a single donor may give rise to six families, but there is no limit to sibling numbers.

Germany

Legislation provides that a donor may not produce more than fifteen children through his donations. The legal position surrounding donations to single mothers and lesbians is still awaiting clarification by the courts. At present a donor can run the risk of paternity proceedings if his donations are used in such cases.[ citation needed ]

Israel

In Israel, sperm donation is mandated by the Ministry of Health. [35] There are 12 authorized sperm banks and hospitals across the country, and 2 more in private research facilities. Only unmarried, healthy men under the age of 30 are allowed to donate sperm, and they are financially compensated for it. [36] Men who want to donate must get to the hospital, pass an interview and blood-checks, cryotip and DNA checks. They are also prohibited from donating sperm in more than one sperm bank and they can donate a limited times (usually up to 10 children from one donor). Finally, anonymity is kept indefinitely; the donor would never receive information regarding offspring, and vice versa.

New Zealand

In New Zealand, a voluntary policy law by fertility clinics limit one donor to "fathering" a maximum of 10 children to four families.[ citation needed ]

Around 1996–97, fertility clinics in New Zealand voluntarily agreed they would only accept donations from non-anonymous donors. [37] The Human Assisted Reproductive Technology Act 2004 legislated that all donations made on or after 22 August 2005 must be non-anonymous.

Norway

Clinics in Norway have a maximum of eight children per donor. [20]

Spain

The law provides that there must not be more than six births per donor. The same law applies to egg donations. Prior to the change in the law in 2008, clinics set their own maximums on the numbers of children produced from each donor. Spain was becoming a destination for fertility tourists, i.e. women seeking to become pregnant through the use of donor sperm and Spanish clinics were purchasing donor sperm from other countries in order to satisfy demand (see Onselling in main article). Many UK women were travelling to Spain at that time to be impregnated with sperm imported from clinics in the UK for example, where there were already controls on the numbers of children which each donor could produce.

The change in the law in Spain coincided with Europe-wide discussions on the use and export of human cells.

Sperm donation is only permitted by anonymous donation. Surrogacy is not allowed.

Sweden

In Sweden, a donor may give a child to a maximum of six couples. However, each pair may have a sibling in addition. Thus, the limit is 12 children per donor. [23] [38] Nevertheless, the Swedish National Board of Health and Welfare (Socialstyrelsen) recommends a maximum of 6 children per donor. [39]

Artificial insemination by donor was done only if the woman was married or in registered cohabitation, and required written consent of the spouse or partner. [24] This law has now changed allowing single women access to state funded fertility treatment although long waiting lists may prove prohibitive. [40]

Switzerland

In Switzerland sperm donation is only allowed for married couples—not for unmarried couples or singles. A donor may give rise to a maximum of eight children.

UK

The HFEA sets a limit of 10 families within the UK which can be created using the gametes of one donor. [25] However, there is no limit to the number of children which may be born to each such family from the same donor. A donor may set a lower limit and may impose conditions on the use of his sperm.

Sperm may be exported from the UK but exports are subject to restrictions and have to be notified to the HFEA. Donors must give their permission for export, and normally their donations will not be exported until the 10 family limit within the UK has been reached. In practice this means that only vials from the most fertile donors and those who donate over a longer period of time than the norm, will be exported. Restrictions on exports include ensuring that these are only to approved clinics in any given jurisdiction, and that the use of vials is traceable. Exports to EU states are subject to the EU Tissues Directive which satisfies these criteria. Offspring numbers will thus be limited in each country to which an individual's sperm is exported by the rules in those countries, and UK sperm banks rarely, if ever, impose additional limits. The risk of consanguinity is therefore negligible although some individual donors may produce substantial numbers of offspring if they donate for a long period of time. Because of this, sperm banks operating in the UK tend to limit the length of time for which a man may donate his sperm to six months or a year.

Some clinics exchange vials with clinics in other countries by mutual export and import to enable them to use samples from a wider pool of donors.

The offspring of sperm providers have the right to know the identity of the donor when the person reaches the age of 18, if treatment was in the UK and conception occurred after March 31, 2005. Donors who donated before that time (and after August 1, 1991) can remove their own anonymity. [41] Despite fears in the medical profession, the number of donors actually increased after anonymity was removed. [42] In 2007, a parliamentary committee recommended that birth certificates include the identity of the donor, but this has not yet been legislated. [43]

Special permission is required from the HFEA for the export of embryos.

United States

In the United States, there are few regulations governing who may engage in sperm donation. [44] Rather, the American Society for Reproductive Medicine and other expert groups (e.g., American Association of Tissue Banks) provide recommendations and guidelines. [44] The ASRM guidelines limit a donor to 25 live births per population area of 850,000, [26] although this is not enforced by law, there is no central tracking, and it has been estimated that only about 40% of births are reported. It is likely that some donors have over one hundred genetic children. [45] Some sperm banks impose lower limits; e.g., the Sperm Bank of California has a limit of ten families per donor, [46] and the Rainbow Flag Sperm Bank has a limit of donor children by six different women. [47] In 2005, the FDA placed a ban on men who have engaged in sex with another man in the last 5 years being able to donate sperm. [48]

See also

Related Research Articles

<span class="mw-page-title-main">In vitro fertilisation</span> Assisted reproductive technology procedure

In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro. The process involves monitoring and stimulating a woman's ovulatory process, removing an ovum or ova from her ovaries and letting sperm fertilise them in a culture medium in a laboratory. After the fertilised egg (zygote) undergoes embryo culture for 2–6 days, it is transferred by catheter into the uterus, with the intention of establishing a successful pregnancy.

<span class="mw-page-title-main">Artificial insemination</span> Pregnancy through in vivo fertilization

Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment for humans, and is a common practice in animal breeding, including dairy cattle and pigs.

<span class="mw-page-title-main">Human Fertilisation and Embryology Authority</span>

The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United Kingdom providing in vitro fertilisation (IVF), artificial insemination and the storage of human eggs, sperm or embryos. It also regulates human embryo research.

Insemination is the introduction of sperm into a female's reproductive system for the purpose of impregnating, also called fertilizing, the female for sexual reproduction. The sperm is introduced into the uterus of a mammal or the oviduct of an oviparous (egg-laying) animal. In mammals, insemination normally occurs during sexual intercourse or copulation, but insemination can take place in other ways, such as by artificial insemination.

<span class="mw-page-title-main">Assisted reproductive technology</span> Methods to achieve pregnancy by artificial or partially artificial means

Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), cryopreservation of gametes or embryos, and/or the use of fertility medication. When used to address infertility, ART may also be referred to as fertility treatment. ART mainly belongs to the field of reproductive endocrinology and infertility. Some forms of ART may be used with regard to fertile couples for genetic purpose. ART may also be used in surrogacy arrangements, although not all surrogacy arrangements involve ART. The existence of sterility will not always require ART to be the first option to consider, as there are occasions when its cause is a mild disorder that can be solved with more conventional treatments or with behaviors based on promoting health and reproductive habits.

<span class="mw-page-title-main">Sperm bank</span> Facility that purchases, stores and sells human semen

A sperm bank, semen bank, or cryobank is a facility or enterprise which purchases, stores and sells human semen. The semen is produced and sold by men who are known as sperm donors. The sperm is purchased by or for other persons for the purpose of achieving a pregnancy or pregnancies other than by a sexual partner. Sperm sold by a sperm donor is known as donor sperm.

Egg donation is the process by which a woman donates eggs to enable another woman to conceive as part of an assisted reproduction treatment or for biomedical research. For assisted reproduction purposes, egg donation typically involves in vitro fertilization technology, with the eggs being fertilized in the laboratory; more rarely, unfertilized eggs may be frozen and stored for later use. Egg donation is a third-party reproduction as part of assisted reproductive technology.

A donor offspring, or donor conceived person, is conceived via the donation of sperm or ova, or both.

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<span class="mw-page-title-main">Fertility clinic</span>

Fertility clinics are medical clinics that assist couples, and sometimes individuals, who want to become parents but for medical reasons have been unable to achieve this goal via the natural course. Clinics apply a number of diagnosis tests and sometimes very advanced medical treatments to achieve conceptions and pregnancies.

<span class="mw-page-title-main">Human Fertilisation and Embryology Act 1990</span> United Kingdom legislation

The Human Fertilisation and Embryology Act 1990 is an Act of the Parliament of the United Kingdom. It created the Human Fertilisation and Embryology Authority which is in charge of human embryo research, along with monitoring and licensing fertility clinics in the United Kingdom.

Donor registration facilitates donor conceived people, sperm donors and egg donors to establish contact with genetic kindred. Registries are mostly used by donor conceived people to find out their genetic heritage and to find half-siblings from the same egg or sperm donor. In some jurisdictions donor registration is compulsory, while in others it is voluntary; but most jurisdictions do not have any registration system.

Fertility tourism is the practice of traveling to another country or jurisdiction for fertility treatment, and may be regarded as a form of medical tourism. A person who can become pregnant is considered to have fertility issues if they are unable to have a clinical pregnancy after 12 months of unprotected intercourse. Infertility, or the inability to get pregnant, affects about 8-12% of couples looking to conceive or 186 million people globally. In some places, rates of infertility surpass the global average and can go up to 30% depending on the country. Areas with lack of resources, such as assisted reproductive technologies (ARTs), tend to correlate with the highest rates of infertility.

Sperm donation is the provision by a man of his sperm with the intention that it be used in the artificial insemination or other "fertility treatment" of one or more women who are not his sexual partners in order that they may become pregnant by him. Where pregnancies go to full term, the sperm donor will be the biological father of every baby born from his donations. The man is known as a sperm donor and the sperm he provides is known as "donor sperm" because the intention is that the man will give up all legal rights to any child produced from his sperm, and will not be the legal father. Sperm donation may also be known as "semen donation".

Religious response to assisted reproductive technology deals with the new challenges for traditional social and religious communities raised by modern assisted reproductive technology. Because many religious communities have strong opinions and religious legislation regarding marriage, sex and reproduction, modern fertility technology has forced religions to respond.

Accidental incest is sexual activity or marriage between persons who were unaware of a family relationship between them which would be considered incestuous.

Partner-assisted reproduction, reception of oocytes from partner (ROPA), reciprocal IVF,shared motherhood, partner IVF or co-IVF is a method of family building that is used by couples who both possess female reproductive organs. The method uses in vitro fertilization (IVF), a method that means eggs are removed from the ovaries, fertilized in a laboratory, and then one or more of the resulting embryos are placed in the uterus to hopefully create a pregnancy. Reciprocal IVF differs from standard IVF in that two partners are involved: the eggs are taken from one partner, and the other partner carries the pregnancy. In this way, the process is mechanically identical to IVF with egg donation. Reciprocal IVF offers the highest chance for pregnancy and a lower chance of a multiple births.

Mary Barton was a British obstetrician who, in the 1930s, founded one of the first fertility clinics in England to offer donor insemination. Throughout her career, Barton studied infertility and conception. Her pioneering research and practice were inspired by experience as a medical missionary in India, where she saw the harsh treatment of childless women.

<span class="mw-page-title-main">Fertility fraud</span> Non-consensual fertility treatments

Fertility fraud is the failure on the part of a fertility doctor to obtain consent from a patient before inseminating her with his own sperm. This normally occurs in the context of people using assisted reproductive technology (ART) to address fertility issues.

References

  1. ↑ "How Seattle Sperm Bank Manages Donor Family Limits". Seattle Sperm Bank. 2019-05-23. Retrieved 2020-11-11.
  2. ↑ Sam Bradpiece and Cyril Vanier. "France has legalized fertility treatments for lesbian and single women. A sperm shortage could slow things down". CNN. Retrieved 2021-12-12.
  3. ↑ "Sperm Donors Australia - Donate Sperm" . Retrieved 20 March 2016.
  4. 1 2 3 Sperm Donors Australia, Legalities and Requirements
  5. ↑ Assisted Reproductive Treatment Act 2008
  6. 1 2 "Western Australian Reproductive Technology Council". Rtc.org.au. Retrieved 2012-11-13.
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  9. 1 2 Women shopping for super sperm Sue Montgomery, CanWest News Service; Montreal Gazette. Published: Saturday, December 10, 2005
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  13. ↑ "FAKTA: Sådan er reglerne om sæddonation". Archived from the original on February 26, 2013. Retrieved August 22, 2014.
  14. 1 2 "La loi de bioéthique limite le nombre d'enfants issus d'un même donneur de spermatozoïdes à 10" (PDF). Retrieved 2012-11-13.
  15. ↑ "Un donneur et dix couffins". Le Monde.fr (in French). 27 September 2011. Archived from the original on 27 September 2011.
  16. ↑ Sperm donors may be used for paternity by single mothers and lesbians
  17. ↑ Human Reproduction Technology Ordinance
  18. ↑ 精子・卵子・胚の提供等による生殖補助医療のあり方についての報告書
  19. ↑ "Donating sperm or eggs". New Zealand Government. Retrieved 1 January 2017.
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  22. ↑ "Anonymous donor semen". Archived from the original on May 18, 2012. Retrieved April 22, 2013.
  23. 1 2 Sahlgrenska Hospital's sperm donor information (Swedish)
  24. 1 2 "The Genetic Integrity Act (2006:351)". Notisum.se. Retrieved 2012-11-13.
  25. 1 2 3 "HFEA information for donors".
  26. 1 2 Vaughn, Rich (2 Mar 2021). "SPERM DONOR SHORTAGE HEIGHTENS RISK FROM SPERM 'SUPER DONORS'". International Fertility Law Group. Archived from the original on Jan 25, 2022. Retrieved 16 Mar 2022.
  27. ↑ #TalkAboutIt: The ins and outs of sperm donation
  28. ↑ "Melbourne IVF sperm donor info" (PDF). Mivf.com.au. Retrieved 2012-11-13.
  29. ↑ Allen, Samantha (7 September 2015). "The Great Lesbian Sperm Crisis". The Daily Beast– via www.thedailybeast.com.
  30. ↑ "Why the majority of sperm donations in Canada are from the U.S. - CBC Radio".
  31. ↑ Motluk, Alison (2020-09-30). "When it comes to sperm donor anonymity, Canada is behind the curve". CBC News . Archived from the original on 2022-11-01.
  32. ↑ "Vejledning om kunstig befrugtning". sst.dk. Retrieved 2012-10-01.
  33. ↑ "Questions and answers". cryos.dk. Archived from the original on 2013-08-28. Retrieved 2010-06-10.
  34. ↑ "Danske sæddonorer kan være fædre til 100 børn hver". etik.dk. Retrieved 2013-01-13.
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  38. ↑ "Karolinska University Hospital". Karolinska.se. Retrieved 2012-11-13.
  39. ↑ SOSFS 2005:17, Ändring i föreskrifterna och allmänna råden (SOSFS 2002:13) om assisterad befruktning (Swedish)
  40. ↑ "Votering: Betänkande 2015/16:SoU3 Assisterad befruktning för ensamstående kvinnor, förslagspunkt 1 Omröstning 2015/16:SoU3 Assisterad befruktning för ensamstående kvinnor - Riksdagen".
  41. ↑ "Preparing to remove your donor anonymity | HFEA".
  42. ↑ Day, Michael (2007). "Number of sperm donors rises despite removal of anonymity in UK". BMJ. 334 (7601): 971. doi:10.1136/bmj.39206.514132.DB. PMC   1867873 . PMID   17493999.
  43. ↑ "David Gollancz on our right to the truth of our origins". TheGuardian.com . 2 August 2007.
  44. 1 2 "fertilitycommunity.com". fertilitycommunity.com. Retrieved 2012-11-13.
  45. ↑ "DSR_Discussion Yahoo group". Groups.yahoo.com. 2003-06-16. Retrieved 2012-11-13.
  46. ↑ The Sperm Bank of California information on donor sperm Archived May 25, 2007, at the Wayback Machine
  47. ↑ "Rainbow Flag Health Services". Gayspermbank.com. Retrieved 2012-11-13.
  48. ↑ "FDA set to ban gay men as sperm donors". NBCNews.com. May 5, 2005.
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