Key laws and policies
- Biotechnology Act (2003): http://www.ub.uio.no/ujur/ulovdata/lov-20031205-100-eng.pdf
- Children’s Act (1981): https://www.regjeringen.no/en/dokumenter/the-children-act/id448389/
- Adoption Act (1986): https://www.regjeringen.no/en/dokumenter/ACT-OF-28-FEBRUARY-1986-NO-8-RELATING-TO/id443477/
Biotechnology Act provides that:
"The purpose of this Act is to ensure that medical applications of biotechnology are utilised for the benefit of everyone in an inclusive society. This shall be done in accordance with the principles of respect for human dignity, human rights and personal integrity and without any discrimination on the basis of genetic constitution, on the basis of the ethical norms that form part of our Western cultural heritage" (Preamble to the Biotechnology Law).
The Biotechnology Law prohibits:
- Social sex selection
- Genetic modification of embryos
- Donation of eggs
- Research on fertilized eggs, human embryos, and cell lines derived from fertilized eggs or human embryos
- Reproductive cloning
- Research cloning
- Gene therapy on fetuses and embryos
- Gene therapy that may involve genetic modification of gametes
- Donated eggs or embryos may not be used (but one’s own eggs or embryo may be preserved and used).
- Surrogacy is prohibited as a result of the prohibition on egg and embryo donation.
- Additionally, only couples may access IVF, so no artificial insemination of a surrogate is possible.
- In addition, an agreement to bear a child for another person and then hand that child over, is not enforceable.
Permitted and regulated practices
- ART is available to couples living together in a stable relationship. Marriage or heterosexuality is not required.
- Sperm donation is permitted.
- Donor conceived children may access information about the donor at age 18.
Pre-Implantation Genetic Diagnosis
- PGD is not illegal (in the special case of serious sex-linked hereditary diseases for which no treatment is available), but is not used.
The Biotechnology Law requires registration of research establishments, authorizes the Ministry of Health and Care Services to issue further regulations, and established the Norwegian Biotechnology Advisory Board. The Norwegian Board of Health supervises the medical use of biotechnology.
The Ministry of Children, Equality and Social Inclusion has clarified the provisions of the current laws, the Children's Act and the Adoption Act, on parentage in respect to international surrogacy. See statement here: https://www.regjeringen.no/en/dokumenter/commission-on-paternity-nou-2009-5/id576775/?regj_oss=10.