Spain
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Contents |
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)
Prohibited practices
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
Genetic Modification
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.”[1]
Surrogacy
- 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
Assisted Reproduction
- 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
- Research cloning is permitted, but projects must be approved.
History
Research Cloning
Research cloning was approved in cabinet by parliament in June 2006, and the first project approved in January 2008.[2][3]
- ↑ 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).
