Article 5. Donors and donors contracts.
1. The donation of gametes and pre-embryos for the purposes authorized by this Law is a free, formal and confidential contract between the donor and the authorized center.
2. The donation will only be revocable when the donor needs donated gametes for herself, provided that on the date of the revocation those donations are available. The revocation implies the return by the donor of any type of expenses originating to the receiving center.
3. The donation will never be lucrative or commercial. The compensatory economic compensation that can be established can only compensate strictly the physical discomfort and the travel and labor expenses that may be derived from the donation and can not imply economic incentive for this one.
Any advertising or promotional activity by authorized centers that encourages the donation of human tissues and cells must respect the altruistic nature of the donation and can not, under any circumstances, encourage donation through the offer of compensation or economic benefits.
The Ministry of Health and Consumer Affairs, following a report from the National Commission for Assisted Human Reproduction, will periodically establish the basic conditions that guarantee respect for the free nature of gametes donation.
4. The contract will be formalized in writing between the donors and the authorized center. Before formalization, donors should be informed of the purposes and consequences of the act. Information and consent should be made in appropriate formats, following the rules set by the design principle for all, so that they are accessible and understandable to people with disabilities.
5. The donation shall be anonymous and confidentiality of the donors identity data must be preserved by the gametes banks and, where appropriate, on the donors and activities records kept by the reproduction centers involved.
Born children have the right, either by themselves or by their legal representatives, to obtain general donor information that does not include their identity. The same right corresponds to the receptors of the gametes and pre-embryos.
Only exceptionally, in exceptional circumstances involving a true danger to the life or health of the child or where appropriate under criminal law, may the identity of the donors be disclosed, provided that such disclosure is indispensable to avoid danger or for legal purpose. Such disclosure shall be restricted and in no case lead to public disclosure of the identity of the donors.
6. Donors must be over 18 y.o., have good physical and psychological health condition and full mental competence. Donors psychophysical status must meet the requirements of a mandatory donor study protocol that includes phenotypic and psychological characteristics as well as the clinical conditions and analytical determinations necessary to demonstrate, according to the state of knowledge of existing science and technique at the time of its implementation, that donors do not suffer from genetic, hereditary or infectious diseases transmissible to offspring. The same conditions must apply to samples from donors from other countries. In this case, those responsible at the sending center must prove compliance with all conditions and tests for which determination can not be obtained after the sample reception. In any case, authorized centers may refuse donation when the donor’s psychophysical conditions are not adequate.
7. The maximum authorized number of born children in Spain conceived from gametes of the same donor should not exceed six. For the effective maintenance of this limit, the donors must declare in each donation if they have made previous ones, as well as the conditions of these, and indicate the moment and the center in which those donations were made.
It will be the responsibility of each center or service that uses donor gametes to verify the identity of the donors, as well as, if necessary, the consequences of the previous donations made regarding the conception of previously born children. If it is believed that the number of these donations exceeded the established limit, the samples from that donor shall be destroyed.
Upon the entry into operation of the national registry of donors referred to in article 21, verification of said data may be made by consulting the corresponding registry.
8. The provisions in this article will apply in case there is surplus of donated gametes, not used for the reproduction treatment of the couple involved.