Egg and Sperm donation in Italy

In this article, I will explore the 5 aspects to consider if you want to do egg donation or sperm donation in Italy.

For convenience, I will list them below and then go further into each aspect.

1. What does egg and sperm donation mean?

2. Is it legal in Italy?

3. Who can access egg and sperm donation in Italy?

4. Where can egg and sperm donation be done?

5. Can the donor claim any right over the child?

What does egg and sperm donation mean?

Gamete donation involves using gametes from donors outside the couple. This technique is utilized when individuals cannot use gametes due to sterility issues. The embryo is created using donated eggs and sperm.

Is this legal in Italy?

Yes, egg and sperm donation has been legal in Italy since 2014. The Italian law changed with the Constitutional Court ruling 162/2014, which declared the previous prohibition illegal, thus allowing access to heterologous assisted reproduction in Italy.

Who can access egg and sperm donation in Italy?

Access to egg and sperm donation granted to couples who are:

Adults
Of different sex
Married or cohabiting
Of potentially fertile age
Both alive

Eligibility applies in cases where:

It is impossible to remove the causes preventing procreation by other means.
Medical records document sterility or unexplained infertility.
A medically certified reason causes infertility or sterility.

Where can egg and sperm donation be performed in Italy?

All healthcare facilities registered in the national PMA (Procreazione Medicalmente Assistita) are registered and authorized to perform such treatments and can apply egg and sperm donation techniques. Due to a shortage of Italian donors, gametes are often imported from abroad, hence coming from foreign donors. In many Italian facilities, there are long waiting lists; alternatively, some individuals or couples prefer undergoing fresh PMA cycles—using non-cryopreserved egg or sperm donation—and thus choose to pursue this path in foreign facilities.

Can the donor claim any right over the child?

Children born through the application of assisted reproduction techniques are considered legitimate children or recognized children of the couple who opted for these techniques.

According to Article 8 of Law 40/2004, the gamete donor does not acquire any parental legal relationship with the child and cannot claim any rights or obligations. The law also protects the child by stipulating that the mother cannot declare her desire not to be named, and the male partner (husband or cohabitant) who signed the informed consent cannot exercise the action to deny paternity.