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Spain has joined a number of other countries in allowing gay and single women to use reproductive assistance technology. Transgender women are also included in the new ruling, which took effect on the 10th of November, 2021. Previously, only married women in heterosexual relationships were allowed to use this techology. The Public Health system provides these treatments, and the groups now allowed to use these treatments had been blocked from doing so since an official ruling in 2014.

By making this new order, Spain is working to provide equity and legal security to all women and transgender people who retain the ability to bear children. Women who have failed to become pregnant after 12 months of trying, and those who have a documented reproductive disorder after undergoing a fertility study will be eligible for fertility treatments. Women seeking these treatments must be between 18 and 40 years of age.

Three assisted reproductive treatments can be accessed. If these are all ineffective, the Public Health system will not cover more treatment for that woman. Women who want to access sperm donation must be younger than 40, and must meet other criteria, such as being gay, transgender, without a partner, or with a diagnosis of sterility, and not already have a healthy child.

These new changes are providing more opportunities for women in Spain to become mothers, and offering less restriction on who can have children of their own. While there may still be some barriers to this type of technology, and to the rights of gay and transgender people throughout the world, more countries are moving toward equality and acceptance, at least in the area of legal rights and responsibilities.

Working with an experienced, knowledgeable reproductive rights attorney is critical if you are considering growing your family via reproductive technologies. Your attorney will work to ensure contractual agreements not only comply with the law; they will also help ensure your rights and best interests – and those of your future child or children – are protected. Contact us today to begin your journey!