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How Do Fertility Laws Differ Between Countries?

Fertility laws vary widely: donor eggs and sperm, donor anonymity, surrogacy, age limits and who can be treated all differ, even between European countries.

By Vireon Medical Editorial TeamFirst published Evidence checked through

Short answer

Quite a lot. Countries differ on who may be treated, whether donor eggs, sperm or embryos may be used at all, whether donors are anonymous, how many families one donor may help create, upper age limits, surrogacy and how long embryos may be stored. Even within Europe the rules vary widely, and a treatment that is routine in one country may be banned in the next. What matters for you depends on the treatment you need and the law in both the country of treatment and your home country.

Key points

  • An ESHRE survey of 43 European countries found 39 with specific fertility treatment laws.
  • Egg donation was permitted in 38 of those countries; Turkey permits no donor eggs, sperm or embryos.
  • Strict donor anonymity was the rule in 18 countries; the UK lets donor-conceived people learn the donor’s identity at 18.
  • Surrogacy was accepted in only about 16 countries.
  • The UK regulator has no powers over clinics abroad.

How much do the rules vary?

The best overview comes from a 2020 survey by the European Society of Human Reproduction and Embryology (ESHRE), which collected information from 43 of the 44 European countries that offer IVF and insemination.2 Of these, 39 had legislation specific to assisted reproduction.2 The content of those laws differed considerably.

IssueHow European countries differed
Who can be treated11 countries limited access to heterosexual or infertile couples; 30 treated single women and 18 treated female couples2
Donor gametesDonor sperm allowed in 41 countries, donor eggs in 38, embryo donation in 292
Donor anonymityStrict anonymity in 18 countries; identity available to the child at a set age in 6, including the UK; mixed systems in 132
Children per donorLimits in 30 countries, ranging from 1 to 252
Female upper age limit45 to 51 where a number is set; some countries set none2
SurrogacyAccepted in about 16 countries2
Selected findings from the ESHRE 2020 survey of European fertility legislation. Laws change, so current rules should be checked directly.

Some countries also restrict embryo freezing itself: the survey reported that embryo cryopreservation for medical reasons was not permitted in Italy or Portugal at the time.2 Because the survey reflects the law when it was carried out, some rules may since have changed.

An example: Turkey

Turkey has a specific law on assisted reproduction. According to the ESHRE survey, treatment there is limited to heterosexual couples, and donor sperm, donor eggs, combined donation and embryo donation are all not permitted. Surrogacy was not listed as permitted.2 Anyone considering treatment in Turkey that would need a donor or a surrogate should be aware of this before planning.

Why donor rules matter for the child

In the UK, people conceived from donations made after 1 April 2005 can ask for their donor’s name and address when they turn 18.4 UK donors can only be paid reasonable expenses, and one donor’s gametes or embryos can be used to create children in up to ten families.43

The UK regulator, the HFEA, warns that some countries allow donors to remain anonymous, so a child may have no way of tracing the donor or donor-conceived siblings, and that the ten-family limit might not apply elsewhere.1 For a fuller picture of this treatment, see what donor egg IVF involves.

Differences in clinical practice

Rules on how treatment is carried out also vary. The HFEA notes that single embryo transfer is best practice for most women, but that not all countries follow this approach, and describes twin and triplet pregnancies as the single biggest risk to the health of mothers and babies.1 It suggests asking about a clinic’s multiple birth rate and its policies to reduce that risk.1 Our page on single embryo transfer explains why.

Regulation also differs. The HFEA points out that EU legislation sets standards for quality and safety, but that clinics are not necessarily accredited by a national body, and it advises asking whether there is a national regulator and which laws a clinic must follow.1

Your home country’s law still matters

Treatment abroad can raise legal questions back home. For surrogacy, the HFEA notes that parental responsibility rules differ between countries; for UK residents, a child born abroad will need a visa to enter the UK while a parental order (the court order that transfers parenthood) is processed. It recommends getting legal advice beforehand.1

Moving eggs, sperm or embryos between countries is also regulated. UK clinics can import them only under strict conditions, through a licensed clinic offering import services.3 Storage rules matter as well: in the UK, eggs can be stored for up to 55 years, provided consent is renewed every 10 years.5

Common questions

Can the UK regulator help if something goes wrong abroad?

No; the HFEA has no powers overseas and cannot deal with complaints about treatment carried out abroad.1

What records should I bring home?

The HFEA suggests asking for a copy of your patient records to give to your GP.1 See also which medical records to bring home.

How should I compare what clinics in different countries offer?

Ask for a written treatment plan setting out everything included, so that you compare like with like.1 Our guide to what a treatment quote should include may help.

Are the laws in the ESHRE survey still current?

Not necessarily; it reflects the law at the time of the survey, so rules should be checked with the national regulator or a legal adviser before treatment.2

Bottom line

Fertility law differs widely between countries, especially on donors, anonymity, surrogacy and who can be treated. Checking the rules in both the country of treatment and your home country, ideally with legal advice for donor or surrogacy arrangements, avoids difficult surprises later.

Sources

  1. Human Fertilisation and Embryology Authority. Fertility treatment abroad. HFEA. https://hfea.gov.uk/treatments/explore-all-treatments/fertility-treatment-abroad/. Accessed 5 November 2026.
  2. Calhaz-Jorge C, De Geyter C, Kupka MS, Wyns C, Mocanu E, Motrenko T, Scaravelli G, Smeenk J, Vidakovic S, Goossens V; European IVF-monitoring Consortium (EIM) for ESHRE. Survey on ART and IUI: legislation, regulation, funding and registries in European countries. Human Reproduction Open; 2020;2020(1):hoz044. doi:10.1093/hropen/hoz044. https://academic.oup.com/hropen/article/2020/1/hoz044/5715201
  3. Human Fertilisation and Embryology Authority. Using donated eggs, sperm or embryos in treatment. HFEA. https://www.hfea.gov.uk/treatments/explore-all-treatments/using-donated-eggs-sperm-or-embryos-in-treatment. Accessed 5 November 2026.
  4. Human Fertilisation and Embryology Authority. Donors. HFEA. https://www.hfea.gov.uk/donation/donors. Accessed 5 November 2026.
  5. Human Fertilisation and Embryology Authority. Egg freezing. HFEA. https://www.hfea.gov.uk/treatments/fertility-preservation/egg-freezing/. Accessed 5 November 2026.

Article history

  • — First published.