Sperm donation laws by country

Limitations on number of donations

Most jurisdictions have laws that limit the number of children a sperm donor may give rise to. The main reason to limit sperm donations is the risk of accidental consanguinity or inbreeding between donor offspring. In some countries such limits are voluntary while in others they are imposed by law.

Most jurisdictions which set limits on the number of sperm donations do so in terms of number of donor offspring, but some jurisdictions set the limits in terms of "families", to allow for the children of the recipient woman to be true genetic siblings and because consanguinity issues are caught by a country's incest laws.

Most jurisdictions set only local limits, while a number set worldwide limits. Some jurisdictions permit the export of donor sperms, which may not count in the limit on donor offspring, while the import of donor sperm may be subject to local limits.

Australia

In Victoria, there is a limit of 10 families per donor. In Western Australia, the Human Reproductive Technology Act 1991 (HRT Act) limits the number of families for each donor to 5.

Belgium

There is no limit to the amount of children born from each donor, however he/she can only donate to a maximum of six families. Before the law was changed in July 2007, a medical practitioner could make his or her own decision on the maximum. In the late 1990s Belgian fertility clinics (or sperm banks) imported large amounts of donor sperm from other countries and this led to Belgium becoming a 'fertility destination'. However, the Belgian Parliament became concerned about this and, along with the promulgation of the Tissues Directive by the European Commission, the Government decided radically to alter the laws relating to maximum numbers.

Canada

There is no upper limit to the number of donor offspring in Canada, but sperm banks generally follow the same recommendations as in the US, i.e. a maximum of 25 offspring per population of 800,000.

Denmark

In Denmark, one donor may give rise to 12 children.

However, Denmark also exports semen worldwide, and where it is the limit of the importing country that is followed, or, when there is no such limit, a fixed amount considering that country's total population, in order to minimise the risk of consanguinity.

Through the export it may result in that some single donors have over 100 biological children worldwide who are genetic half-siblings

France

In France, donations from a single donor may give rise to six families, but there is no limit to sibling numbers.

Single women and coupled lesbians are not permitted to have treatment using donor sperm. Women in these categories therefore seek treatment abroad, particularly in Spain, Belgium and Denmark. Before the changes to local laws in Spain and Belgium which restricted the numbers of children permitted to be born from a single donor, these were the preferred fertility destinations and clinics in these countries frequently bought in sperm supplies from abroad to satisfy demand.

Germany

Legislation provides that a donor may not produce more than fifteen children through his donations. The legal position surrounding donations to single mothers and lesbians is still awaiting clarification by the courts. At present a donor can run the risk of paternity proceedings if his donations are used in such cases.

Israel

In Israel, sperm donation is mandated by the Ministry of Health. There are 12 authorized sperm banks and hospitals across the country, and 2 more in private research facilities. Only unmarried, healthy men under the age of 30 are allowed to donate sperm, and they are financially compensated for it. Men who want to donate must get to the hospital, pass an interview and blood-checks. They are also prohibited from donating sperm in more than one sperm bank. Finally, anonymity is kept indefinitely; the donor would never receive information regarding offsprings, and vice versa.

New Zealand

In New Zealand, a voluntary policy law by fertility clinics limit one donor to "fathering" a maximum of 10 children to four families.

Norway

Clinics in Norway have a maximum of eight children per donor.

Spain

The law provides that there must not be more than six births per donor. The same law applies to egg donations. Prior to the change in the law in 2008, clinics set their own maximums on the numbers of children produced from each donor. Spain was becoming a destination for fertility tourists, i.e. women seeking to become pregnant through the use of donor sperm and Spanish clinics were purchasing donor sperm from other countries in order to satisfy demand (see Onselling in main article). Many UK women were travelling to Spain at that time to be impregnated with sperm imported from clinics in the UK for example, where there were already controls on the numbers of children which each donor could produce.

The change in the law in Spain coincided with Europe-wide discussions on the use and export of human cells.

Sperm donation is only permitted by anonymous donation. Surrogacy is not allowed.

Sweden

In Sweden, a donor may give a child to a maximum of six couples. However, each pair may have a sibling in addition. Thus, the limit is 12 children per donor. Nevertheless, the Swedish National Board of Health and Welfare (Socialstyrelsen) recommends a maximum of 6 children per donor.

Artificial insemination by donor was done only if the woman was married or in registered cohabitation, and required written consent of the spouse or partner. This law has now changed allowing single women access to state funded fertility treatment although long waiting lists may prove prohibitive.

Switzerland

In Switzerland sperm donation is only allowed for married heterosexual couples—not for unmarried couples, singles or homosexual couples. A donor may give rise to a maximum of eight children.

UK

The HFEA sets a limit of 10 families within the UK which can be created using the gametes of one donor. However, there is no limit to the number of children which may be born to each such family from the same donor. A donor may set a lower limit and may impose conditions on the use of his sperm.

Until April 2010 there was no prohibition on the export of sperm from the UK provided that the number of families created in the UK from a single donor did not exceed ten at the time of the export. This meant that in practice some donors could produce substantial numbers of children worldwide until that date. Special permission is required from the HFEA for the export of embryos.

Some clinics export sperm and import vials from clinics abroad almost on an 'exchange' basis which enables them to use samples from a wider pool of donors, but they must now ensure that the donor does not produce children for more than ten families. One must meet certain criteria to donate as well as being between 18 and 45 years old to donate sperm as well as it being processed and checked for 6+ months after donating.

United States

In the United States, there are no regulations governing who may engage in sperm donation. Rather, the American Society for Reproductive Medicine and other expert groups (e.g., American Association of Tissue Banks) provide recommendations and guidelines. The ASRM guidelines limit a donor to 25 live births per population area of 850,000, although this is not enforced by law, there is no central tracking, and it has been estimated that only about 40% of births are reported. It is likely that some donors have over one hundred genetic children. Some sperm banks impose lower limits; e.g., the Sperm Bank of California has a limit of ten families per donor, and the Rainbow Flag Sperm Bank has a limit of donor children by six different women.