Table 1 Select policies on anonymity of gamete donors involved in conception
Jurisdiction | Anonymous Donor Conceptionā | Non-anonymous Donor Conceptionā” | Adopting Both SystemsĀ§ | Relevant Legislation or Guidelines | Remarks |
|---|---|---|---|---|---|
Belgium | ā | Article 57, Law 2007 on Medically Assisted Procreation and the Destination of Supernumerary Embryos and Gametes | Non-anonymous donor conception is allowed if there is a formal agreement between intended parents and the donor | ||
Canada | ā | Assisted Human Reproduction Act (S.C. 2004, c. 2). Article 30, Safety of Sperm and Ova Regulations (SOR/2019ā192) | There are two types of gamete donation: Regular Process (Anonymous) and Directed Donation Process (Non-anonymous) in which the donor and intended parents know each other | ||
China | ā | (5), Ministry of Health Ethical Principles 2003 of Human assisted Reproductive technology and Sperm Bank | Ministry of Health Assisted Reproductive Technology Regulations 2003 bans recruiting egg donors and limits donor eggs to ones remain after infertility treatment | ||
Denmark | ā | Article 20, Act no. 93/2015 on Assisted Reproduction Assisted Reproduction in connection with treatment, diagnostics and research, etc. Section 9.2., ROAD No. 9351 of 26/05/2015 Ministry of Health and the Elderly Guidance on the activities and obligations of healthcare professionals and tissue establishments in connection with assisted reproduction | There are two types of non-anonymous donors: open donors and known donors. Open donors are donors who are not known to intended parents at the time of donation, but they can later consent to the provision of identifying information to donor-conceived offspring of 18 years old or upward. later conception is allowed if there is a formal agreement between intended parents and the donor. Known donors are donors who are known to intended parents at the time of donation. A decision must be made on co-maternity / paternity before known donation is carried out | ||
France | ā | TITLE V, Articles 27, 28, Law 2011ā814 on Bioethics. Decree 2015ā1281 Relating to the Donation of Gametes | Persons who have not experienced reproduction can become gamete donors | ||
Germany | ā | (1), 2, Law on the Protection of Embryos 1990. Law regulating the right to know parentage in the case of heterologous use of semen 2017 | Law 1990 allows conception using donor sperm, but bans conception using donor eggs. Donor-conceived persons of 16 years old upward may access donor information registered in Institute for Medical Documentation and Information. Intended parents can bring a sperm donor for them | ||
Italy | ā | Article 12, 1, Law 40/2004 Rules on Medically Assisted Procreation. Judgement 162/2014. Article 14, Legislative Decree 2007, n. 191 | Although donor conception had been prohibited by Law 40/2004, it was judged as unconstitutional in 2014 | ||
Japan | ā | 3(2), Ministry of Health Report 2003 on Assisted Reproductive Technology Involving Donation of Sperm, Eggs, and Embryos. Article 5, Japan Society of Obstetrics and Gynecology (JSOG) guidelines 2015 on Artificial Insemination with Donor Sperm. Japanese Institution for Standarlization for Assisted Reproductive Technology (JISART) guidelines on the heterogenous in vitro fertilization involving sperm and egg donations | JSOG permits only artificial insemination with donor sperm. While, some cylcles of in vitro fertilization using donor eggs mainly from relatives have been practiced under JISART guidelines | ||
New Zealand | ā | Articles 43ā66, Human Assisted Reproductive Technology Act 2004 | Donor-conceived persons of 18 years old upward may access donor information registered by clinics or Register-General. Guardians of donor-conceived offspring under 18 years can also do it | ||
Spain | ā | Article 5, 5, Law 14/2006 on Assisted Human Reproduction techniques. Royal Decree 412/1996. Royal Decree Law 9/2014 | Exceptionally, identifying information about donors may be disclosed, if disclosure is essential to prevent hazard to offspring's health or to achieve proposed legal purpose | ||
Sweden | ā | Section 7a, b, Law (2006: 351) on genetic integrity. SOSFS 2007: 4 National Board of Health and Welfare Code of Statutes | Donor-conceived persons of 18 years old or upward may access donor information registered in clinics | ||
Switzerland | ā | Articles 18, 27, Federal Act of 18 December 1998 on Medically Assisted Reproduction | Donor-conceived offspring of 18 years old or upward can request registered donor information through Federal Offices. However, the donor can refuse their contact once. Intended parents can bring a donor who satisfies medical criteria for their conception | ||
UK | ā | 24, 25, Human Fertilisation and Embryology Authority Act 2008. Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004 | Donor-conceived persons of 18 years old or upward may access donor information in the register through Human Fertilisation and Embryology Authority. Parents could access non-identifying information about the donor | ||
USA | ā | Food and Drug Administration Human Cells, Tissues, and Cellular and Tissue-Based Products Regulation (Sect. 361 of the PHS Act). Ethics Committee Opinions 2018, 2019 of American Society for Reproductive Medicine (ASRM): Informing offspring of their conception by gamete or embryo donation; Interests, obligations, and rights in gamete and embryo donation | ASRM committee opinion 2018 strongly encourages parents to disclose the use of donor gametes or embryos in their conception to donor-conceived persons, while ultimately the choice of recipient parents. The opinion 2019 stresses that donors and recipient parents have a unique and ongoing moral relationship with each other | ||
Victoria (Australia) | ā | Part6, 7, Assisted Reproductive Treatment Act 2008 | Donor-conceived persons of 18 years old upward may access donor information in the Central Register or Voluntary Register. However, their contact to the donor can be restrained via lodgment of a contact veto or preference statement. Parents may know non-identifying information about the donor if their offspring is under 18. Parents may also access identifying information if the donor consents to it. In so doing, a contact veto or preference statement may be lodged by the respective parties |