law

19 January 2020

Are you eligible to claim fertility treatments on Social Security?

moon Assisted reproduction method law, lesbian mothers, single mothers 0

According to the National Statistics Institute (INE) the average age in Spain of women who have their first child is 30,9 (differing from 25,2 in 1975). Women are delaying motherhood more and more and this makes their ovarian reserve decrease in quantity and quality. Therefore, it’s common now that they are turning to fertility treatments to achieve their motherhood goals.

Spain is at the top of its game on fertility treatments since the existing law allows for anonymous sperm donation and also doesn’t set an age limit for the procedures. If you decide to go through the process in a private clinic, that is. However, if you must claim it on social security then there is an age limit.

Since 2019 lesbians now have the right to claim fertility treatments on Social Security ever since the amendment to the Royal Decree 1030/2006. In August Murcia lifted the ban and now all women (single or in a lesbian couple) in any Spanish region can undergo treatments such as artificial insemination or IVF with donor sperm. The ROPA method is still only available at private clinics.

These are some of the requirements that will allow you to claim fertility treatments on social security:

1. Age limit for the procedure: Though there is no legal age limit for childbearing, the healthcare system does set one to be eligible. The limit for women is 40 and for men it is 55. If the woman turns 40 while she’s on the waiting list (which can be from 6 months to 2 years), she will no longer be eligible.

2. The couple can’t have existing children together: except if the child has a serious chronic condition.

3. Attempts (cycles): how many times you can try depends on the region you are in but generally:

three cycles of IVF (regardless of if you’re using your eggs or egg donation). Egg donation procedures are not covered by Social Security.
artificial insemination can be done six times with donor sperm.

This all depends on the region you are undergoing these procedures. For instance, in some regions, if the first attempt is unsuccessful then the woman would have to get back on the waiting list. If the woman is not pregnant at the end of the cycles she is then unable to apply again for fertility treatment through the Social Security System. This is also the case if she did get pregnant.

There might be more region-specific criteria.

4. Trouble conceiving: you need medical documentation that indicates fertility treatments are needed.

5. Pre-existing diseases in patients: if you have a serious condition that might be passed down to the children then this will be a problem when claiming these procedures on Social Security.

Though considerably more expensive, private clinics don’t have any of these limitations. The only criteria are to be of legal age and to be physically healthy, that way you don’t risk the mother or the child’s life.

30 December 2019

Marriage: yes or no?

moon Lesbian families law, lesbian mothers 0

eldiario.es has gathered the Marriage Census data found in the Spanish Statistical Office. In Spain, there were around 2.1 million marriages between 2005 and 2016. Of these, 39,643 were same-sex couples. The first year that same-sex marriage was approved (2006) 4,313 couples got married. 1,313 were between two women and 3,000 were between two men. In 2016 Spain had a total of 4,320 same-sex weddings, of which 2,132 were between two women and 2,188 were between two men.

Our reality is that to have children we must be married. You have to be married to register a child in both your names. This also protects your rights to the child in case of separation.

The marriage has to happen before the baby is born. If you decide to use the ROPA method as your fertility treatment, then you must be married before you start the process. This is because it involves egg donation to or from your partner.

What happens if we are not married?

If you are not be married to your partner when the baby is born, then only the mother that carried the baby will be able to appear in the registry. Your only other option to be registered as a parent would be to adopt the child, which is a relatively easy process.

If the separation is not in good terms, the non-pregnant mother will have to file a parentage suit for the state to recognise her relationship to the child since, legally, she would not have any right over him or her.

Discriminations against us

The forms of discrimination that do NOT exist when it comes to lesbian families:

1. The need to be married to adopt

2. The fertility clinic certificate. It’s not required as of 2017, however, some public offices still ask for it. Legal experts claim that this certificate could safeguard against future lawsuits by sperm donors who might want to claim their paternity.

The forms of discrimination that still exist

1. That the couple must be married before the baby is born to register a child in both their names.

2. The need to go to the Registry in person (it can’t be done online), and they require you to bring both marriage and birth certificates.

It’s essential that this discrimination end.

27 July 2018

Barcelona, a hub for assisted reproduction techniques

moon Assisted reproduction method assisted reproduction centre, law, lesbian mothers 0

During the annual meeting of the European Society of Human Reproduction and Embryology (EHRE) held in Barcelona from the 1st to the 4th of July more than 12.000 experts from 130 countries discussed the latest innovations in reproductive medicine.

Reproductive medicine is taking leaps and bounds in innovation and the main points discussed at this gathering were unexplained infertility and how to preserve fertility overall. They also tackled topics like how to prevent genetic diseases, failed implantations and premature depleted ovarian reserve.

Catalonia’s success rates for assisted reproduction techniques are amongst the highest, this is due to their use of advanced technology.

Half the women who undergo an assisted reproduction treatment in Catalonia are foreign.

In Catalonia more than 17.000 assisted reproduction treatments are performed every year and more than half the women (53%) are foreign. This number grows every year. A lot of the patients are French due to their country’s laws and their proximity to Spain.

Spanish law allows assisted reproduction techniques that aren’t approved in other countries such as the shared motherhood method (ROPA) for female couples.

Do you want to start a family and you’d like to do it in Barcelona?

Here at Lesmaternity we can help you throughout the process:

Counselling: We take you through all the different fertility treatments available and how to choose the right one for you.
Services: Management of all your medical appointments and treatment schedules. We can also help with travel and lodging.
Follow up: We keep in touch during and after your pregnancy.

19 June 2018

Spain, the top European country in assisted reproduction

moon Assisted reproduction method Artificial insemination, In Vitro Fertilization, IVF, law, multiple birth 0

If your dream is to become parents you should take a look at Spain, since it’s the ideal country to get these treatments done. According to the European Society of Human Reproduction and Embryology (ESHRE), Spain is at the forefront of assisted reproduction treatments in Europe.

In 2014, 116,688 IVF procedures and 40,177 artificial inseminations were performed in Spain. This data was gathered by the Spanish Fertility Society (known in Spanish as SEF), which polls 278 fertility clinics throughout Spain and keeps these records in the National Registry. Assisted reproduction techniques are very common in Spain. According to SEF 7.91% of children in Spain that year were born via these techniques.

Why is this? The reason is their high quality of medical care and clearly cut laws. On top of that, the cost is good value for money considering the services that are offered.

The quality of medical care

The success rate in Spain is one of the highest when it comes to reproductive medicine.

Spanish medicine is well known for assisted reproductive techniques and has an excellent reputation for it worldwide. The medical side of assisted reproduction is highly controlled in our country as it is subject to European laws. Every year, clinics must undergo audits and reviews, which are kept at the Ministry of Health. These records are public (you can view them through the SEF or Ministry of Health website).

The topic of multiple births has always been a controversial one but there’s some good news on that front. The percentage of double or multiple births has been steadily declining and, in 2014 in Spain, the rate went down to 20.4% for IVF and 11.5% for artificial insemination.

Clearly cut laws

Many countries have laws that are restrictive or incomplete. The law in Spain in regards to egg donation is different than other countries when it comes to whether or not it’s an anonymous donation. In the UK and France it’s not anonymous and in Italy, the law has changed but it’s still unclear. Understanding this is important since 30% of the procedures performed require some sort of donation.

Spanish laws allow all reproductive treatments available today to be performed in Spain.

Competitive pricing

Due to the complexity of the procedures (labs, incubators, specialists, research and so on) the cost is high. However, in Spain this cost is considered to be of very good value.

This makes Spain renowned worldwide and therefore many patients prefer to come here to get their procedures done. In 2014, 12,240 rounds of in vitro fertilisation (IVF) and artificial insemination were performed on people who were residents of other countries.

Shall we start Project Baby? Do you want more information about treatments or our clinic? Contact us!

17 May 2017

Lesbian couples are asked for more requirements to register their children

moon Lesbian families children raised by lesbians couples, law, lesbian mothers 0

What do you think of the title of this post? Over the top? Surreal?

The fact is:

At the registry office the amount of documentation and requirements needed is higher for a gay couple than for a straight couple.

Do you think we live in a society where homosexuality is a given?

Does the law really treat LGBT and heterosexual people equally?

A few months ago, a lesbian couple in Denia refused to hand in a certificate that the registry office claimed they needed in order to register their child.

That document is NOT something they ask heterosexual couples for.

What do lesbian mothers need to do in order to register their children?

Lesbian mothers must hand in a document issued by the reproductive clinic, which acknowledges that the pregnant mother has undergone an assisted reproduction procedure.

Lesbian couples must be married in order to register their children.

What about heterosexual couples?

In theory, heterosexual couples that have undergone assisted reproduction procedures should also be asked for this document.

That’s not the reality.

It is common practice that straight men come to register their children and don’t need to show any proof of paternity. The Registry Office assumes that these men are, in fact, the fathers.

Shockingly, no one questions this man’s identity with proof or documentation; it’s a different story when it comes to mothers. We must be married in order to register our children but, in the case of a man, anyone can go through this process without any documentation.

Why must we go through this?

The fact is that the law of Assisted Human Reproduction Techniques (14/2006) does not require that we present this certificate. Unfortunately, the reality is if you don’t you can’t register your child.

Can a person’s particular interpretation prevail over a written law?

Only few government officials don’t ask for “the document”. It happened to us in Barcelona. We had a lot of problems, but we will discuss that in another post.

Online registration

One of mothers from the Denia case says she tried to register her son online at the hospital, but it was impossible because the system didn’t recognise two mothers.

An irritating message appeared every time she tried: “case of unspecified exclusion”.

“Exclusion”

How would you feel if your family, your child or you were excluded, just because you were two lesbian mums?

We have a long way to go as lesbian mums and as an LGBT community in order to be able to register our children.

We will continue to fight for equality and love.

Have you encountered a similar situation or do you know someone who has?

Can you share your story?