1. The Committee on Legal Affairs
and Human Rights congratulates the rapporteur of the Committee on Social
Affairs, Health and Sustainable Development, Ms Petra De Sutter
(Belgium, SOC), for her comprehensive report and, on the whole,
endorses the draft recommendation which has been proposed.
2. Sperm and oocyte donation is a topical and controversial issue.
In the absence of common European standards, the various national
legal frameworks regulate this issue in very different ways or sometimes
not at all. It is also an area in which technological and scientific
progress is being made at an ever-increasing pace. Without going
into detail on the differences between national laws, the committee
nevertheless wishes to support the rapporteur’s proposal to abolish,
as far as possible, the anonymity of gamete donors, in view of the right
of persons conceived by medically assisted procreation (MAP) to
know their origins, a right which is recognised as an integral part
of the right to private life guaranteed under Article 8 of the European
Convention on Human Rights (ETS No. 5, “the Convention”). In addition,
the committee shares the rapporteur’s view that maintaining anonymity
has become almost impossible given the progress made in genetic
3. However, the committee wishes to propose a number of amendments
in order to further strengthen the draft recommendation with regard
to the terminology used and certain legal aspects.