Donor insemination is not regulated by law in Belgium. Only Article 318§4 of the Civil Code determines that a husband who consented to artificial insemination or any other act aimed at procreation cannot dispute his paternity, except when the child is not the result of that act. Donor anonymity is necessary to exclude a paternity claim against the donor if this condition is not fulfilled. Moreover, the anonymity of the donor is guaranteed under the existing law by Article 458 of the Criminal Code. ‘The physician responsible for the procurement and storage of the gametes has a duty of professional secrecy towards third parties’[1]. Known donation is frequently applied for oocyte donation. In some clinics, recipients can choose between known and anonymous donation. The problem of legal maternity does not apply since the legal mother is the woman who gives birth to the child. In contrast, known sperm donation is practised but on a very limited scale and only in special circumstances. There is a large consensus in favour of sperm donor anonymity.
In 1999-2000 a law proposal has been introduced in the Belgian Senate (31 July 2000, 2 – 540/1)[2] concerning the regulation of the collection, preservation and distribution of data related to gamete donation. This proposal in essence defended the “double track” system[3] but had little chance of passing in Parliament. At present, a new law proposal is being discussed that will regulate embryo and gamete donation. In this proposal, donor anonymity must be guaranteed by the clinic[4].
Concerning non-identifying information, recipients receive very little information on the sperm donor. In most cases, they are only told that an effort will be made to match the donor to the male partner (if applicable).
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[1]Nys, H. (1997), Belgium, In Nys, H. (ed.) Medical law – Suppl. 9, The Hague, London, Boston: Kluwer Law International, p. 115
[2]van Kessel, I. (2000) Wetsvoorstel houdende regeling inzake de verzameling, het bewaren en het verstrekken van gegevens bij de donatie van gameten, Belgische Senaat 31 juli 2000, 2-540/1.
[3]Pennings, G. (1997) The “double track” policy for donor anonymity, Human Reproduction 12 (12): 2839-2844.
[4]Defraigne, C. et al. (2000) Wetsvoorstel betreffende de medisch begeleide voortplanting en de bestemming van de boventallige embryo’s en de gameten, Belgische Senaat 23 november 2005, 3-1440/1.