One of the main issues which usually concern couples who are undergoing Egg donation treatment is if the donor will be able to reach the future child who was conceived through this technique, or vice versa. In Spain this option is not possible in fact the current law guarantees donors’ total anonymity in assisted reproduction techniques via donors’ gametes.
Children born as result of donation by gametes have the right to find out the general information regarding donors which do not include their identity. This does not occur in other countries such as U.K and Ireland, therefore, reproductive tourism increased in the last few years and there are more foreigners who frequently choose our country as the place where they want to undergo a fertility treatment through the usage of donors’ gametes.
How is the anonymity of donors by gametes maintained?
According to the current law (14/2006 of May 26th, article 5) on human assisted reproduction techniques, the anonymity of donation via gametes is guaranteed both for egg and sperm donors.
This article stipulates that the donation process is always anonymous and the fertility clinic must ensure the confidentiality of personal data provided by the donor. For this purpose, the clinic and the donor must sign a contract where both agree to keep this anonymity. Moreover, the clinic is obliged to inform donors about the effects and consequences of donation. The donor is required to sign the agreement to legalize the donation process.
There is just once exception in regards to donor’s anonymity. “Exceptionally, only in special circumstances which entail any kind of danger for the newborn’s health and life or when it is required according to legal and penal law, the donors’ identity can be revealed as long as it is strictly necessary to avoid the danger and achieve the intended aim. This disclosure has to be applied to a limited extent and it will not imply releasing donor’s identity.
