Change to the law on assisted human reproduction regarding the use of frozen oocytes

Frozen embryos and eggs in fertility clinics in Spain pose a major challenge for women and couples who wish to have them destroyed.

Whilst men can authorise the destruction of their sperm by simply giving their consent, in the case of women, the regulations require two independent specialists to certify that they are no longer eligible for fertility treatment.

In light of this inequality and the complexity of the process, Parliament has given the green light to the launch of a legal reform to allow women to make decisions about their genetic material with greater autonomy.

In this article, we speak to the fertility specialist at Vida Fertility Madrid, Dr Marta Zermiani, to discuss what changes the assisted reproduction law in Spain, how it is applied in our clinics, and why Spain is one of the safest and most advanced countries for undergoing any fertility treatment.

equipo Vida fertility Dra Marta Zermiani

Assisted reproduction reform: women will be able to decide the fate of their oocytes

The Congress of Deputies has taken a historic step by accepting for consideration a reform of Law 14/2006 of 26 May on assisted human reproduction techniques, with the aim of restoring to women full control over their cryopreserved genetic material.

This initiative, driven by the Socialist Parliamentary Group and backed by an overwhelming majority of 306 votes, not only seeks to correct an administrative imbalance between the sexes, but also responds to a social and technological reality that has rendered certain provisions of the law in force for two decades obsolete.

What changes will be introduced by the amendment to the law on assisted reproduction?

The reform focuses on removing the requirement for external medical reports before a woman can decide to cease the cryopreservation of her oocytes, a hurdle that until now was perceived as a form of unjustified medical control over the female body.

A technical and professional analysis of this measure reveals implications ranging from the logistical management of gamete banks to the recognition of fundamental reproductive rights in the era of personalised medicine.

What happens to frozen embryos?

Although the bill now under discussion focuses on frozen eggs, it is clear that during its passage through parliament, consideration should also be given to what happens to cryopreserved embryos.

Currently, the regulations require a favourable report from two independent specialists certifying that the conditions for treatment are no longer met, or else waiting until certain age limits are reached.

According to Dr Marta Zermiani: “From a clinical and ethical point of view, this is a situation that gives rise to much contradiction and deserves careful consideration. We are talking about very personal decisions, closely linked to women’s reproductive autonomy, and that is why it is important for the law to evolve to provide a response that is more coherent and respectful of patients’ realities.”

How will we proceed at Vida Fertility?

The passing of this law will bring about a significant operational change for assisted reproduction clinics in Spain. The simplification of procedures for the destruction of oocytes will allow for more efficient management of gamete banks, reducing bureaucracy and improving the legal certainty of the clinics.

Action protocols following the reform

Once the law comes into force, centres will need to update our consent and cessation of storage protocols. The procedure is expected to be similar to that already in place for semen:

Written statement of the patient’s wishes.
Verification of identity and prior informed consent.
Termination of cryopreservation by the embryology team.
Official record of the destruction or change of destination of the biological material.

This process eliminates the need for the patient to seek out two independent specialists, a procedure that was often costly and difficult to manage, especially if the woman no longer lived near the clinic where her eggs were stored.

Would you like to know if you meet the legal and medical requirements to begin the vitrification process in Spain?

Book your first informative consultation with Vida Fertility. We will review your case in complete confidentiality and in your language.

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