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What it is

Rules for assisted reproduction techniques in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 6 May 2005. Introduced by: Gobierno.

Official title: Government bill on human assisted reproduction techniques.

Follow this law

Source: Congreso de los Diputados, file 121/000039· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law regulates scientifically accredited assisted reproduction techniques, defines a preembryo as an in vitro embryo up to 14 days after fertilization, and bans reproductive cloning of human beings.
  2. The allowed techniques are listed in the annex (artificial insemination, in vitro fertilization, and gamete intrafallopian transfer). A new technique can only be practiced as experimental, with health authority approval and a prior report from the National Commission, and the Government can update the list by royal decree.
  3. Only women over 18 with full legal capacity may use these techniques, regardless of marital status or sexual orientation, after giving written consent. If married, the husband's consent is also required, unless separation is proven.
  4. Donation of gametes and preembryos is free, formal, confidential, and anonymous. Donors must be over 18 and in good health, and no more than six children may be born in Spain from the same donor's gametes.
  5. Leftover preembryos may be cryopreserved, and their destination (own use, reproductive donation, research donation, or ending storage) requires consent, which must be renewed at least every two years. Research on preembryos requires written consent and that they not develop in vitro beyond 14 days after fertilization.
  6. Surrogacy contracts are void from the start, and parenthood is determined by birth. Violations are punished with fines of up to one million euros and, in very serious cases, closure of the center.

Who it affects

  • Women seeking assisted reproduction: They may use the techniques if over 18, with full legal capacity and written consent, regardless of marital status or sexual orientation.
  • Gamete and preembryo donors: They must meet age and health requirements, donation is anonymous and unpaid, and there is a limit of six children per donor.
  • Assisted reproduction centers and services: They need specific authorization, must report their activity and results, undergo audits, and face fines for violations.
  • Children born through these techniques: They have the right to general information about donors (without identity), and their parentage is governed by civil law, with no Registry data revealing how they were conceived.

Words worth knowing

Gametos (gametes)
Reproductive cells: eggs and sperm.
Preembrión (preembryo)
An embryo created in vitro (in the lab) during the first 14 days after the egg is fertilized.
Crioconservación (cryopreservation)
Freezing gametes or preembryos at very low temperatures to use them later.
Gestación por sustitución (surrogacy)
A pregnant woman gives up parentage of the baby in favor of someone else. This law declares such contracts void.
Diagnóstico preimplantacional (preimplantation diagnosis)
Genetic testing of the preembryo before it is transferred to the woman, to detect serious diseases.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced6 May 2005Someone registers the text in the Congreso.
  2. Admitted10 May 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments13 May 2005Groups propose changes.
  4. Committee21 September 2005A committee goes through the text in detail.
  5. Plenary21 December 2005All 350 deputies vote.
  6. Senate16 February 2006The Senate can pass it, amend it or veto it.
  7. BOE11 May 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jun 2005Sept 2005Dec 2005Mar 200611. 6 May 2005: Presentación22. 10 May 2005: Comisión de Sanidad y Consumo Publicación desde 10/05/2005 hasta 13/05/200533. 10 May 2005: Calificación44. 13 May 2005: Comisión de Sanidad y Consumo Enmiendas desde 13/05/2005 hasta 21/09/200555. 21 September 2005: Comisión de Sanidad y Consumo Informe desde 21/09/2005 hasta 13/12/200566. 13 December 2005: Comisión de Sanidad y Consumo Aprobación con competencia legislativa plena desde 13/12/2005 hasta 20/12/200577. 20 December 2005: Comisión de Sanidad y Consumo Dictamen desde 20/12/2005 hasta 21/12/200588. 21 December 2005: Pleno Aprobación desde 21/12/2005 hasta 16/02/200699. 16 February 2006: Senado desde 16/02/2006 hasta 26/04/20061010. 26 April 2006: Pleno Enmiendas o veto del Senado desde 26/04/2006 hasta 11/05/20061111. 11 May 2006: Concluido - (Aprobado con modificaciones) desde 11/05/2006 hasta 20/06/2006

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Act 14/2006, of May 26, on human assisted reproduction techniques.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error