Is In Vitro Fertilization (IVF) Legal in Spain After the 2026 Framework Overhaul?

Yes, IVF is legal in Spain under the Assisted Human Reproduction Act (Law 14/2006), which permits treatments for both heterosexual and same-sex couples, as well as single women. The law aligns with the 2023 Royal Decree on Gamete and Embryo Donation, ensuring compliance with EU bioethical standards. Spain’s regulatory framework remains among Europe’s most permissive, though recent 2026 amendments tighten donor anonymity rules and embryo storage limits.


Key Regulations for In Vitro Fertilization (IVF) in Spain

  • Donor Anonymity & Traceability: The 2026 amendments to Royal Decree 412/2023 mandate that gamete donors must consent to non-anonymous identification, enabling offspring to access donor information upon reaching adulthood. This shifts Spain from its historical anonymity model toward a more transparent system, aligning with European Court of Human Rights precedents.

  • Embryo Storage Limits: IVF clinics must adhere to a maximum 10-year storage period for cryopreserved embryos, unless extended for medical or reproductive purposes under approval from the Comisión Nacional de Reproducción Humana Asistida (CNRHA). Exceeding this limit without justification constitutes a compliance violation.

  • Age Restrictions & Medical Criteria: Treatments are restricted to women under 50 (or under 45 for public healthcare), with mandatory preimplantation genetic testing (PGT) for embryos in cases of hereditary diseases. The CNRHA oversees adherence to these criteria, issuing annual audits to clinics.