The ROPA method has brought about a quiet revolution in reproductive medicine. One woman donates her egg. Another carries the fetus to term. As a result, both partners become biological mothers, sharing the genetic and gestational roles. It’s a beautiful medical solution. Legally, however, Europe is currently split down the middle.
Borders between countries are turning into insurmountable legal barriers. Spain offers complete freedom. France imposes strict bans.
Spain’s Liberal Approach to Reproductive Freedom
Spain has long been the leading European hub for LGBTI+ families. Local legislation is flexible and adapts quickly to reality. The main regulatory act here remains Law 14/2006 on Assisted Reproductive Technologies.
Previously, to undergo the ROPA procedure, a couple had to be legally married. This requirement helped clinics circumvent the strict rule on donor anonymity. Within a marital union, the transfer of genetic material was not considered third-party donation.
The situation has changed thanks to the reform. The Ley Trans repealed the mandatory marriage requirement. Now, joint motherhood for female couples is accessible and legally protected without unnecessary barriers. Unmarried couples can freely travel to Spain and begin the ROPA protocol. It is sufficient simply to declare their joint project. Both women are automatically recognized as the child’s mothers at the moment of birth. The complicated adoption procedures for the non-gestating partner are now a thing of the past.
In Spain, the privacy of donors is strictly protected. The law guarantees their complete anonymity. The child will not be able to learn the sperm donor’s name even after reaching the age of majority. Only general medical information is available to the child.
France’s Conservatism and the Ban on the Procedure
France is taking a completely different path. Here, the laws are strict and conservative.
In 2021, the country underwent a major bioethical reform. Single women and female couples finally gained access to standard artificial insemination programs covered by public insurance. But the doors remained closed to the ROPA method.
French law safeguards the principle of anonymity in gamete donation. A woman cannot donate her egg to a specific person—even if that person is her legal spouse. Oocyte retrieval is permitted only for the woman herself or for completely anonymous donation to third parties.
In the summer of 2024, the French Council of State put an end to the debate. The court officially confirmed that the ROPA method remains illegal on French territory. This is a final decision. It is based on the concept of the indivisibility of motherhood.
At the same time, France has moved away from absolute donor anonymity. Since 2021, children born through assisted reproductive technologies have had the right to learn the name of their donor upon reaching the age of majority.
Comparison of Conditions in the Two Countries
The differences between the Spanish and French regulatory models are evident in every detail. The key points of comparison are as follows.
- Availability of the ROPA method. In Spain, the procedure is permitted by law and is actively used in practice. French legislation completely prohibits this method of reproduction by a decision of the Council of State.
- Requirement for a formal marriage. Spanish clinics accept cohabiting couples without restrictions. In France, this issue is irrelevant due to the general ban on the medical procedure itself.
- Recognition of motherhood at birth. Spain automatically registers both women as the child’s mothers. In France, the non-gestating partner must go through a legal adoption process if the child was born abroad.
- Sperm donor status. Spain guarantees the donor’s complete anonymity. France has recently begun disclosing this information to the child upon reaching the age of majority.
- Funding for medical programs. Spain allows the procedure to be performed in both public and private clinics. French health insurance plans do not cover such expenses due to the method’s illegal status in the country.
Complex ethical issues of shared motherhood
The differences between the Spanish and French approaches run deep at the philosophical level.
The first point of contention concerns the division of motherhood. Roman law has maintained for centuries that the mother is always identified by the fact of childbirth. ROPA breaks this dogma. It introduces the concepts of the genetic mother and the gestational mother. Some critics in France see this as a threat to the child’s psychological well-being. They believe that such a division blurs the image of the mother. Proponents of the method disagree. They are convinced that shared participation in the process only strengthens the family, erasing the biological inequality between the partners.
The second ethical conundrum revolves around the right to identity.
Spain protects the family’s privacy. The child never learns the identity of the sperm donor. Here, the donor serves solely as a source of biological material. France, however, considers such a restriction a violation of human rights. Starting in 2021, French children have the right to learn the name of their donor once they reach the age of majority. This choice is a matter of principle for prospective parents.
The Cost of Reproductive Tourism
Bans rarely stop people. They simply create barriers. French couples hoping to undergo the ROPA procedure are forced to travel to Spain or Belgium.
This creates social inequality. Traveling abroad, paying for private clinics, and legal support cost thousands of euros. Wealthy couples easily cross national borders on their path to parenthood. Less affluent families are left with nothing.
Europe is trying to establish a unified ethical standard. For now, the gap between Spain’s liberal pragmatism and France’s strict idealism is only widening.
Frequently Asked Questions
Is the ROPA method permitted in France?
No, this method is strictly prohibited in France. French law prohibits directed egg donation within a couple. You cannot donate your oocytes to your partner or spouse. The French Council of State definitively confirmed this ban in June 2024.
Is a legal marriage required to undergo the procedure in Spain?
Currently, marriage is not required. Spain’s Ley Trans law has repealed this mandatory requirement. Now, unmarried couples can also use the ROPA method. It is sufficient to formally express mutual consent to participate in a joint reproductive project.
Does the child have the right to know the donor’s identity?
Strict anonymity applies in Spain. The child will not be able to learn the sperm donor’s name even after reaching the age of majority. In France, the rules have changed. Children born through assisted reproductive technologies following the 2021 reform have the legal right to request information about the donor’s identity upon turning 18.
How French Couples Register a Child Born in Spain
The process requires legal action. French law automatically recognizes only the woman who gave birth as the mother. The non-birth partner must go through an intra-family adoption procedure in France. This process was made possible by family law reforms, but it still requires time and court approval.
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