Oocyte donation: the legislative framework in Western Europe

Area of Science:

• Reproductive Law
• Bioethics
• Assisted Reproductive Technology

Background:

• Oocyte donation legislation is scarce globally, often integrated within broader assisted reproduction frameworks.
• Existing laws primarily address in-vitro fertilization (IVF) and general reproductive technologies.

Purpose of the Study:

• To analyze the legislative landscape of oocyte donation across Western Europe and Switzerland.
• To identify differing national and cantonal approaches to gamete and oocyte donation within assisted reproduction.

Main Methods:

• Comparative legal analysis of assisted reproduction legislation in selected Western European countries.
• Review of cantonal regulations in Switzerland concerning gamete donation.
• Categorization of countries based on their stance on oocyte donation within IVF.

Main Results:

• Only nine Western European countries have specific assisted reproduction legislation.
• Four countries (Austria, Germany, Norway, Sweden) prohibit gamete and oocyte donation in IVF.
• Four countries (Denmark, France, Spain, UK) permit donor oocytes for infertility or disease prevention.
• Swiss cantonal legislation varies, with some prohibiting gamete donation and others following medical guidelines.

Conclusions:

• Western European legislation on oocyte donation is fragmented, with significant divergence in permissiveness.
• The regulation of oocyte donation is predominantly linked to broader assisted reproduction laws.
• Switzerland exhibits cantonal variability in gamete donation regulations.