Spanish legislation on gamete donation. The donation of gametes and pre-embryos is defined as a free, formal and confidential contract arranged between the donor and the authorised centre.

In such a way that there are three requirements for donation:

1. Altruist. The donation is a free and altruistic act, where you can strictly compensate the physical discomforts and the expenses for travel that may derive from the donation (economic compensation). The donation can never have a lucrative or commercial character.

2. Formality. The contract between the donor and the authorised centre should be written.

3. Anonymity. The donation is anonymous, and should guarantee the confidentiality of the data of the identity of the donors. The children born have their own rights or through their legal representatives of obtaining general information about the donors such as height, weight, blood group but it can never include their identity.

Requirements to be a donor:

1. Over 18 years old and with full capacity to act.

2. Good psychological and physical health. They should comply with the demands of a compulsory study protocol which includes their phenotypic and psychological characteristics as well as the clinical conditions and analytical determinations necessary to show according to the present scientific knowledge and current techniques existing at the moment of making the study, that the donors do not have any genetic, hereditary or infectious disease transmitted through inheritance.

Donor selection.

It is the medical team who carries out the donor selection, and they should try to guarantee the best phenotypic and immunological similitude possible with the woman receptor.

In no case can the receptor personally choose the donor. Summary of the Spanish legislation on gamete donation.

As well as the Royal Decree 412/96 on the compulsory study protocols of the donors, the Law 14/2006 of 26 May on the Techniques also has some important points of interest:
Receptors in Spain; all women over 18 years of age and with full capacity to act can be receptors or users of the Assisted Reproduction Techniques regulated by law, always when they have given their written consent.

The woman can be a user or receptor of these techniques with independence of her civil status or sexual orientation. (Art.6.1).Ê If the woman was married then the consent of the husband is also needed, except in the case of legal separation and this was irrefutably stated. (Art.6.3.).

Donor

The choice of donor is the responsibility of the medical team, as is stated in Art.6.4. In no case can the patient select the donor.

It is should be guaranteed that the donor has the maximum phenotypic and immunological similitude, and the maximum possibilities of compatibility with the woman receptor.

The anonymity of the donation should be guaranteed.