Spain

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Spain
Spain flag 300.png
Information
Region Europe
Population 45200737
GDP (millions USD) 1438959
National Policies
Eggs for assisted reproduction commercial prohibited
Eggs for research commercial allowed
Inheritable genetic modification PROHIBITED
Preimplantation genetic diagnosis social uses prohibited
Reproductive cloning PROHIBITED
Research cloning regulated
Sex selection ?
Surrogacy PROHIBITED
International Agreements
1997 COE Biomedicine Convention RATIFIED
1998 COE Cloning Convention RATIFIED
2005 UN Cloning Vote no
2005 UNESCO Sports Doping Convention RATIFIED
2007 Treaty of Lisbon signed


Contents

Key laws and policies

  • 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]

  1. Wheat, Kathryn and Kirstin Matthews, "World Human Cloning Policies."
  2. "Cabinet approves therapeutic cloning in Spain," typicallyspanish.com, (September 17, 2006).
  3. "Spain gives go ahead to research using therapeutic cloning," typicallyspanish.com, (January 24, 2008).