Key laws and policies
- Law on Assisted Human Reproduction Techniques, No. 14/2006 (May 26, 2006), available at http://www.boe.es/buscar/doc.php?id=BOE-A-2006-9292
- Biomedicine Law (2007), available at http://www.boe.es/boe/dias/2007/07/04/pdfs/A28826-28848.pdf
- Law on Human Tissue (1983)
The following practices are prohibited:
- Reproductive cloning
- Parthenogenesis (stimulating the development of an egg without fertilization by sperm, by solely feminine descent)
- Sex selection
- Inheritable genetic modification
- Fertilizing an egg for any purpose other than reproduction
Law No. 35/1988 establishes that “any therapeutic intervention, investigation or research activity in pre-embryos in vitro, pre-embryos, embryos and fetuses in utero, will be authorized only if such intervention or activity does not alter its genetic make-up (in so far as it does not contain any anomaly), or if it is not aimed to individual or race selection.”
- The Law on Assisted Human Reproduction Techniques provides that surrogacy contracts are explicitly unrecognized, and birthrights are granted to the birthmother (Art. 10).
- The Criminal Code may also impose sanctions.
Permitted and regulated practices
- Is permitted and practiced
Donation of Gametes
According to Art. 6 of the Law on Assisted Human Reproduction Techniques, the donation of gametes:
- Is permitted but must not be commercial
- Is anonymous
- Is limited to 6 children borne of the same donor
- Offspring have a right to general information about the donor, but not identity.
Posthumous Use of Gametes
- Is permitted up to 12 months after death, with consent
- Research cloning is permitted, but projects must be approved.
- Wheat, Kathryn and Kirstin Matthews, "World Human Cloning Policies."
- "Cabinet approves therapeutic cloning in Spain," typicallyspanish.com, (September 17, 2006).
- "Spain gives go ahead to research using therapeutic cloning," typicallyspanish.com, (January 24, 2008).