Sperm Donation Bill, 5783-2023

This bill is intended to regulate the subject of sperm donation for reproduction and research. It stipulates that sperm donation and insemination for reproductive purposes shall be performed solely in accordance with the provisions of the law. A sperm bank may operate only if it receives a permit from the Director General of the Ministry of Health, and only if it operates within the framework of a hospital that has received a permit. To receive a permit to operate a sperm bank, the applicant must submit a detailed application including required documents, prove that they have the appropriate infrastructure, equipment, and personnel, a suitable system for maintaining a secure registry, and present a sperm bank director who is a specialist physician in urology or gynecology with appropriate training. The sperm bank director may not be someone who has been convicted of a serious offense. The Director General may restrict, suspend, or revoke a permit if certain conditions are met, such as a violation of the law's provisions or the conditions of the permit, or if it is proven that the director acted with negligence. Operations in a sperm bank shall be performed by the sperm bank director or someone authorized to do so. In every hospital where a sperm bank operates, a sperm bank director shall be appointed, and an approval committee shall be established that will include the sperm bank director, a lawyer, and a specialist physician. The committee will discuss requests for approvals to continue the storage of a sperm donation (10 years after the deposit) or for the destruction of a sperm donation of a deceased donor (after 20 years). A sperm donation for insemination will be accepted only if the donor has given written consent, received confirmation from the National Registry Center that they have not donated more than 10 times, filled out a donor card, undergone comprehensive medical examinations (including an HIV test), and the sperm quality test was found to be suitable. The donor shall not be a minor, unless approved by a social worker. The sperm shall be identified in a manner that will allow for its future use for research, destruction, or allocation. Insemination shall be performed only in hospitals, fertility clinics, or Ministry of Health units authorized for this purpose, and only by a treating physician. Insemination shall be performed only if the recipient is an adult under the age of 54, if confirmation is given by a trusted certifier that the donor is not a relative of the recipient, and the recipient has given informed consent. The recipient shall fill out a detailed application form, and the treating physician shall provide her with a detailed explanation of the procedure, the risks, and the legal and religious implications. Sperm from multiple donors shall not be mixed for a single insemination. The transfer of sperm from a sperm bank to institutions listed in the law shall be performed only for insemination purposes, after receiving a request that includes the recipient's consent form. The physician performing the insemination shall report the results of the treatment to the sperm bank. The selection of sperm shall be performed in cooperation with the recipient, in a manner that does not reveal the donor's identity. A sperm donor may designate their donation in advance to the partner of another donor, provided that written consents have been given by the donor, the recipient, and the woman designated for insemination, and that the consents were given of free will and without pressure. The donor and the recipient may withdraw their consent before the insemination. One may request from a sperm bank to receive a sperm donation for storage, in accordance with the provisions to be determined by the Minister. The donor may instruct in their application what shall be done with their donation after it is deposited. If the donor dies, the sperm bank shall contact their partner to receive instructions regarding continued storage or destruction.

Source: הצעת חוק לדיון מוקדם