Wikipedia

Sperm donation laws by country

(Redirected from Sperm donor limitation by country)

Sperm donation laws vary by country. Most countries have laws to cover sperm donations which, for example, place limits on how many children a sperm donor may give rise to, or which limit or prohibit the use of donor semen after the donor has died, or payment to sperm donors. Other laws may restrict use of donor sperm for in vitro fertilisation (IVF) treatment, which may itself be banned or restricted in some way, such as to married heterosexual couples, banning such treatment to single women or lesbian couples. Donated sperm may be used for insemination (whether natural or artificial) or as part of IVF treatment. Notwithstanding such laws, informal and private sperm donations take place, which are largely unregulated.

Restrictions on sperm donations or the ability to obtain IVF treatment in some jurisdictions has given rise to women traveling to a country which does not impose restrictions in the circumstances in which they finds themselves to obtain such donations or treatments, in a practice called fertility tourism.

Regulation of sperm donations

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Number of donations

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Most jurisdictions 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.[1]

Recipients

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Many countries have restrictions on who can be a recipient of donated sperm. Some countries restrict donations to married heterosexual couples (e.g., Japan), and some to married heterosexual or homosexual couples, while others permit donations to married couples or those in cohabitation relationships. In some jurisdictions such as France, single women and lesbian couples have only been able to receive treatments using donor sperm since 2021.[2]

Rights of donor

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The rights of the sperm donor also vary. These involve rights to compensation, anonymity, parental rights, child support obligations, besides other issues.

Overview

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Sperm donation is illegal in many predominantly Muslim countries, as sperm donation is prohibited under Islamic law because it is considered a form of adultery. Such countries include Afghanistan, Egypt, Pakistan, Saudi Arabia, Turkey, and the United Arab Emirates.

CountryDonor paymentChildren per donorDonor anonymityAllowed recipients
AustraliaNo [3] NoEveryone
Austria Varies 3 families No Married heterosexual or homosexual couples
BelgiumNo data6 families[7]Required (unless a family member is used)No data
Bulgaria Expenses 5 children[8] Yes Everyone
CanadaNoNo enforced national limitAllowed[9]Everyone
ChinaVaries5 familiesYes[10]Married heterosexual couples
CyprusExpensesNo dataYesHeterosexual couples and single women
Denmark200–500 DKK[11]12 families[12]Allowed [13]Everyone
Finland €32.40 per donation, roughly €324 total and expenses 5 families Requires ID release at 18 Everyone
FranceNo10 children[14]Requires ID release at 18[15]No data
GermanyVariesNo enforced national limitRequires ID release at 18[16]Usually married heterosexual couples
Hong KongNo data3 children[17]No dataMarried heterosexual couples with age restrictions
IranVariesNo enforced national limitYes[18]Married couples[18]
IsraelAllowed12 families[19]RequiredEveryone
ItalyNo10 children[20]YesMarried heterosexual couples
Greece10 children[21]
JapanNoNo enforced national limit; guidelines recommend 10 births per donor[22]YesLegal Married heterosexual couples with age restrictions
Mexico No[23] No enforced national limit Required[24] Everyone
NetherlandsExpenses12 families[25]NoEveryone
New ZealandExpenses5 families[26]NoEveryone
NorwayExpenses6 families[27]NoEveryone[27]
Portugal€43.88 per donation[28]10 familiesNo, child may have name when 18 years oldEveryone
SpainNo data6 childrenRequired[29]Everyone
Sweden300 SEK12 children to 6 families (2 per family)[30]NoMarried or in cohabitation[31]
SwitzerlandExpenses8 childrenNoMarried couples
Taiwan8000-99000 NT1 familyYesMarried couples
UkraineAllowedNo enforced national limitRequiredHeterosexual couples and single women[32]
United Kingdom£35 to cover expenses[33]10 families in UK. Exports subject to national limits[33]NoEveryone
United States of AmericaAllowedNo enforced national limit.[34] 25 families in Colorado.[35] Exports allowed.Allowed federally.[36] Oregon[37] and Colorado[35] require ID release at 18.Everyone

By country

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Australia

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Laws relating to assisted reproduction vary between states. Since 1995, when a child becomes an adult, they can apply for the sperm donor's details. Sperm donors are not paid. Demand is high for donor sperm, and laws vary between states as to how many families a donor's sperm can be provided to.[38] In Victoria, there is a limit of 10 families per donor.[39] In Western Australia, the Human Reproductive Technology Act 1991 (HRT Act) limits the number of families for each donor to 5.[6] New South Wales has a limit of 5 families per donor in the state.[4]

High demand for donor sperm results in much of the sperm available in Australia being imported.

Belgium

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There is no limit to the number of children born from each donor, however they can only donate to a maximum of six families.[citation needed]

Canada

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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.[40]

The Assisted Human Reproduction Act banned compensation for sperm donors and imposed a bureaucratic system described as "cumbersome" on donors, after which time more than 90% of donor sperm used in Canada comes from the U.S.[41][42] The federal government does not track the number of births by sperm or egg donation, and there is no registry.[43]

Denmark

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In Denmark, one donor may give rise to 12 children. Before the new limit was set a donor could help to conceive children in up to 25 families who could use the donor sperm for conceiving siblings even after the limit was reached.[44]

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,[45] in order to minimise the risk of consanguinity.

Through the export it may result in that some single donors have up to 200 biological children worldwide who are genetic half-siblings.[46]

France

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In France, donations from a single donor may give rise to a maximum of 10 children. All new gamete donors must be open ID at 18. Donor conceived people may request information or get the donor name when they reach 18 years of age.[47]

Germany

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The German Legislation provides that a donor may not produce more than fifteen children through his donations.[citation needed]

Israel

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In Israel, sperm donation is mandated by the Ministry of Health.[48] 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.[49] Men who want to donate must get to the hospital, pass an interview and blood-checks, cryotip and DNA checks. They are also prohibited from donating sperm in more than one sperm bank and they can donate a limited times (usually up to 10 children from one donor). Finally, anonymity is kept indefinitely; the donor would never receive information regarding offspring, and vice versa.

New Zealand

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

Around 1996–97, fertility clinics in New Zealand voluntarily agreed they would only accept donations from non-anonymous donors.[50] The Human Assisted Reproductive Technology Act 2004 legislated that all donations made on or after 22 August 2005 must be non-anonymous.

Norway

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Clinics in Norway have a maximum of eight children per donor.[51] February 7th 2020 the law changed. No limits on number of children per donor, but limited to only six families. Nå er maksgrensen på barn per sæddonor fjernet i Norge

Spain

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The law provides that there must not be more than six births per donor. The same law applies to egg donations. Surrogacy is not allowed.

Sweden

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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.[30][52] Nevertheless, the Swedish National Board of Health and Welfare (Socialstyrelsen) recommends a maximum of 6 children per donor.[53]

Artificial insemination by donor was previously done only if the woman was married or in registered cohabitation, and required written consent of the spouse or partner.[31] This law has now changed allowing single women access to state funded fertility treatment although long waiting lists may prove prohibitive.[54]

Sweden was the first place in the world to ban anonymous gamete donation, doing so in 1984. Donor conceived people have a right to request information about the donor from the age of 18.[24]

Switzerland

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

UK

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The Human Fertilisation and Embryology Authority (HFEA) sets a limit of 10 families within the UK which can be created using the gametes of one donor.[33] 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.

The HFEA allows donor conceived people aged 16 and older who were born after 1 August 1991 to request information about their half siblings conceived from the same donor. At 18, they can join the HFEA's Donor Sibling Link, which allows donor conceived people to find their genetic siblings and share contact details.[55] Requested information does not include information about siblings from the same donor born abroad, so it may not tell the DCP their total number of genetic siblings if the sperm was imported or exported.

Donor conceived people in the UK have the right to know the identity of the donor when the person reaches the age of 18, if treatment was in the UK and conception occurred after March 31, 2005. Donors who donated between 1 August 1991 and 31 March 2005 can remove their own anonymity.[55] Despite fears in the medical profession, the number of donors actually increased after anonymity was removed.[56] In 2007, a parliamentary committee recommended that birth certificates include the identity of the donor, but this has not yet been legislated.[57]

United States

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In the United States, there are few regulations governing who may engage in sperm donation.[58] The American Society for Reproductive Medicine and other expert groups (e.g., American Association of Tissue Banks) provide recommendations and guidelines, such as limiting a donor to 25 live births per population area of 850,000.[58][34] These are 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.[59] Some sperm banks impose lower limits; e.g., The Sperm Bank of California has a limit of ten families per donor,[60] and the Rainbow Flag Sperm Bank has a limit of donor children by six different women.[61] Other banks set their own limits with separate family limits in the US versus internationally, like Fairfax Cryobank[62] at 25 families in the US and 15 internationally, and Xytex[63] at 15 and 25 respectively, but these limits are in no way legally enforceable, and the number of offspring that result from each donor is unavailable to donors, donor conceived people, or recipient parents. Both Xytex[64] and Fairfax[65] have had incidents where donors had 70+ known offspring since introducing these limits for themselves.

As of July 2025, two states in the US have passed laws governing donor conception. In Colorado, donors are not allowed to continue to be used if children are known to have been born in more than 25 families, whether in or outside of Colorado, and since January 1, 2025, banks are not allowed to provide sperm sourced from donors who do not agree for their identity to be disclosed if requested by a DCP after they DCP turns 18. Banks must request updates from donors every 3 years to keep information current. Donors in Colorado must be at least 21 years of age, where federally they may be 18 or older.

As of June 30, 2025, Oregon passed SB163, which would require identity disclosure upon request of the donor conceived person. It is awaiting signature from the governor.[37]

In 2005, the FDA placed a ban on men who have engaged in sex with another man in the last 5 years being able to donate sperm.[66]

See also

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References

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  1. ↑ "How Seattle Sperm Bank Manages Donor Family Limits". Seattle Sperm Bank. 2019-05-23. Retrieved 2020-11-11.
  2. ↑ Sam Bradpiece and Cyril Vanier (2 October 2021). "France has legalized fertility treatments for lesbian and single women. A sperm shortage could slow things down". CNN. Retrieved 2021-12-12.
  3. ↑ "Sperm Donors Australia - Donate Sperm". Retrieved 20 March 2016.
  4. 1 2 3 4 Sperm Donors Australia, Legalities and Requirements
  5. ↑ Assisted Reproductive Treatment Act 2008
  6. 1 2 "Western Australian Reproductive Technology Council". Rtc.org.au. Retrieved 2012-11-13.
  7. ↑ "Loi relative à la procréation médicalement assistée et à la destination des embryons surnuméraires et des gamètes" (PDF).
  8. ↑ "Държавата има готовност да финансира процедури и при минимален яйчников резерв". www.24chasa.bg. Retrieved 2021-06-01.
  9. ↑ "No Right to "Know One's Past"". lawnow.org. Nov 1, 2013. Retrieved 2017-03-26.
  10. ↑ Zhang, Jingchen (2024-01-02). "Protection of the donor-conceived offspring' right to know the genetic relationship under the Chinese legal framework". Peking University Law Journal. 12 (1): 135–155. doi:10.1080/20517483.2024.2400794. ISSN 2051-7483.
  11. ↑ "Din kompensation by Cryos". Retrieved 2013-02-13.
  12. ↑ Journalist, Britta Søndergaard. "Danske sæddonorer står bag 65.000 børn globalt" [Danish sperm donors are responsible for 65,000 children globally]. Kristeligt Dagblad.
  13. ↑ "FAKTA: Sådan er reglerne om sæddonation". Archived from the original on February 26, 2013. Retrieved August 22, 2014.
  14. ↑ "La loi de bioéthique limite le nombre d'enfants issus d'un même donneur de spermatozoïdes à 10" (PDF). Retrieved 2012-11-13.
  15. ↑ stephanie (2025-04-05). "France Ends Donor Anonymity". Retrieved 2025-07-14.
  16. ↑ "Germany: Right to Know Biological Father for Children Conceived Through Sperm Donation". Library of Congress, Washington, D.C. 20540 USA. Retrieved 2025-07-14.
  17. ↑ Human Reproduction Technology Ordinance
  18. 1 2 "Sperm Donation in Iran - TebMedTourism". August 5, 2024.
  19. ↑ "Israel Health Ministry tightens sperm donation rules | The Jerusalem Post". The Jerusalem Post | JPost.com. December 23, 2025.
  20. ↑ Martelli, Silvia (July 19, 2025). "Tireless donors, fragile laws: this is how Europe chases the 'super sperm donor'". Il Sole 24 ORE.
  21. ↑ "Legal framework for sperm donation".
  22. ↑ 精子・卵子・胚の提供等による生殖補助医療のあり方についての報告書
  23. ↑ Wiecki, Aleksander (2025-03-19). "IVF Mexico | IVF Treatment Mexico | Updated 2025". Fertility Clinics Abroad. Retrieved 2025-07-14.
  24. 1 2 "Anonymous Egg Donation Laws in the US and Abroad". www.cofertility.com. Retrieved 2025-07-14.
  25. ↑ Darroch, Gordon (April 1, 2025). "New sperm donation rules to enforce 12-family limit for donors".
  26. ↑ "Donating sperm or eggs". New Zealand Government. Retrieved 1 January 2017.
  27. 1 2 "Bli Sæddonor - Doner sæd og hjelp noen å oppfylle drømmen om barn - Volvat". www.volvat.no.
  28. ↑ "Banco Público de Gâmetas". Serviço Nacional de Saúde. Archived from the original on 31 January 2022. Retrieved 5 April 2022.
  29. ↑ "Anonymous donor semen". Archived from the original on May 18, 2012. Retrieved April 22, 2013.
  30. 1 2 Sahlgrenska Hospital's sperm donor information Archived 2018-01-26 at the Wayback Machine (Swedish)
  31. 1 2 "The Genetic Integrity Act (2006:351)". Notisum.se. Archived from the original on 2006-07-06. Retrieved 2012-11-13.
  32. ↑ "If you're single, can you do IVF in Ukraine?". Delivering Dreams - International Surrogacy in Ukraine. Retrieved 2025-07-14.
  33. 1 2 3 "HFEA information for donors". Archived from the original on 2007-03-23. Retrieved 2008-03-08.
  34. 1 2 Vaughn, Rich (2 Mar 2021). "SPERM DONOR SHORTAGE HEIGHTENS RISK FROM SPERM 'SUPER DONORS'". International Fertility Law Group. Archived from the original on Jan 25, 2022. Retrieved 16 Mar 2022.
  35. 1 2 Soper, Matt; Tipper, Kerry; Gardner, Bob; Fenberg, Stephen, Protections For Donor-conceived Persons And Families, retrieved 2025-07-14
  36. ↑ Bazelon, Emily (2023-12-03). "Why Anonymous Sperm Donation Is Over, and Why That Matters". The New York Times. ISSN 0362-4331. Retrieved 2025-07-14.
  37. 1 2 "Oregon Legislative Information System". olis.oregonlegislature.gov. Retrieved 2025-07-14.
  38. ↑ "The ins and outs of sperm donation". August 30, 2015 – via www.abc.net.au.
  39. ↑ "Melbourne IVF sperm donor info" (PDF). Mivf.com.au. Archived from the original (PDF) on 2006-08-20. Retrieved 2012-11-13.
  40. ↑ Women shopping for super sperm Sue Montgomery, CanWest News Service; Montreal Gazette. Published: Saturday, December 10, 2005
  41. ↑ Allen, Samantha (7 September 2015). "The Great Lesbian Sperm Crisis". The Daily Beast – via www.thedailybeast.com.
  42. ↑ "Why the majority of sperm donations in Canada are from the U.S. - CBC Radio".
  43. ↑ Motluk, Alison (2020-09-30). "When it comes to sperm donor anonymity, Canada is behind the curve". CBC News. Archived from the original on 2022-11-01.
  44. ↑ "Vejledning om kunstig befrugtning". sst.dk. Archived from the original on 2013-09-02. Retrieved 2012-10-01.
  45. ↑ "Questions and answers". cryos.dk. Archived from the original on 2013-08-28. Retrieved 2010-06-10.
  46. ↑ "Danske sæddonorer kan være fædre til 100 børn hver". etik.dk. Archived from the original on 2013-01-17. Retrieved 2013-01-13.
  47. ↑ "End of automatic anonymity for sperm and egg donors in France". 2022-09-01. Retrieved 2025-07-14.
  48. ↑ "General Manager Directive" (PDF). health.gov.il. 2007-08-11. Retrieved 2015-02-03.
  49. ↑ "MOH Sperm Donations". health.gov.il. Retrieved 2015-02-03.
  50. ↑ "Database could help NZ children trace sperm donors". 28 January 2003 – via www.nzherald.co.nz.
  51. ↑ "Rikshospitalet HF - Bli sædgiver". Oslo-universitetssykehus.no. 2012-01-25. Archived from the original on 2012-11-09. Retrieved 2012-11-13.
  52. ↑ "Karolinska University Hospital". Karolinska.se. Archived from the original on 2007-12-27. Retrieved 2012-11-13.
  53. ↑ SOSFS 2005:17, Ändring i föreskrifterna och allmänna råden (SOSFS 2002:13) om assisterad befruktning (Swedish)
  54. ↑ "Votering: Betänkande 2015/16:SoU3 Assisterad befruktning för ensamstående kvinnor, förslagspunkt 1 Omröstning 2015/16:SoU3 Assisterad befruktning för ensamstående kvinnor - Riksdagen".
  55. 1 2 "Preparing to remove your donor anonymity | HFEA".
  56. ↑ Day, Michael (2007). "Number of sperm donors rises despite removal of anonymity in UK". BMJ. 334 (7601): 971. doi:10.1136/bmj.39206.514132.DB. PMC 1867873. PMID 17493999.
  57. ↑ "David Gollancz on our right to the truth of our origins". TheGuardian.com. 2 August 2007.
  58. 1 2 "fertilitycommunity.com". fertilitycommunity.com. Archived from the original on 2007-02-22. Retrieved 2012-11-13.
  59. ↑ "DSR_Discussion Yahoo group". Groups.yahoo.com. 2003-06-16. Retrieved 2012-11-13.{{cite web}}: CS1 maint: deprecated archival service (link)
  60. ↑ "The Sperm Bank of California information on donor sperm". Archived from the original on May 25, 2007.
  61. ↑ "Rainbow Flag Health Services". Gayspermbank.com. Retrieved 2012-11-13.
  62. ↑ "Sperm Sperm Donor Birth Limits | Fairfax Cryobank". Fairfax Cryobank - Find a Sperm Donor. Retrieved 2025-07-14.
  63. ↑ "Florida woman tracks down more than 50 donor siblings". ABC 10 News San Diego KGTV. 2019-03-19. Retrieved 2025-07-14.
  64. ↑ "Sperm Donor Makes Shocking Discovery: 'I'm the Biological Father of 97 Kids' — and Likely More (Exclusive)". People.com. Retrieved 2025-07-14.
  65. ↑ Reyes •, Elaine (2011-09-26). "Former Fairfax Sperm Donor Learns of 70 Kids". NBC4 Washington. Retrieved 2025-07-14.
  66. ↑ "FDA set to ban gay men as sperm donors". NBCNews.com. May 5, 2005.
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