The regulatory legal framework governing Assisted Human Reproduction Techniques is constituted according to Law 14/2006, 26th May, in reference to Assisted Reproduction Techniques. When participation of gamete donor(s) occurs, the Royal Decree-Law 9/2014, July 4th is especially relevant, as it regulates quality and safety standards of donation.

Law 14/2006 on Assisted Human Reproduction Techniques defines the donation of gametes and pre-embryos, which are performed after signing a free, formal and confidential contract, which both parties agree on. In saying this, the gamete bank, donor records and all activities within the centres, are obliged to guarantee that privacy and identity of the donor in question remains strictly confidential.

In regards to the recipient mother or couple, the choice of donor can only be made by the medical team performing the technique, and in no case at the request of the receptor or partner. Regardless, the medical team should always seek the greatest phenotypic and immunological similarities to the receptor.

All candidates to genetic material donation must be over 18 years of age, be in good mental and physical health, and have full consent to act. The psychophysical state of the donor must meet the requirements according to protocols, including phenotypic and psychological characteristics, clinical conditions, along with the performance of any necessary laboratory tests to demonstrate the donor does not suffer from genetic, hereditary or transmissible infectious diseases that could be transmitted to the receptor´s offspring.

Neither the woman conceiving nor her partner will, once formal consent is given prior a specific fertilisation treatment where there is contribution of a donor or donors, challenge the paternity or maternity of the born child, conceived through such fertilisation. Likewise, the same applies to any unmarried male having signed the consent prior to the use of the technique.

Not only the recipient mother but also any offspring born as a result of a gamete donation technique will be entitled to obtain general information about the donor, excluding their identity. Only exceptionally, under extraordinary circumstances involving a certain danger to the life or health of the child, or when applicable under criminal procedure laws, the identity of the donor may be revealed, provided that such disclosure is necessary to avoid danger or to obtain a specific legal aim. This revelation will be of restricted nature and will not publicly reveal the donor´s identity, or overwrite any of the previously established legal affiliations.