In the following we discuss what impact the latest ESHRE position paper and EU Committee of Ministers recommendations are likely to have.
The landscape of donor conception in Europe is entering a new era. Two influential European organisations released major position papers/recommendations likely to influence gamete donation and 3rd party fertility treatments for years to come. The European Society of Human Reproduction and Embryology (ESHRE) published its Position Paper on: International limits on the number of offspring per gamete donor, while the Council of Europe Committee of Ministers adopted Recommendation CM/Rec(2026)10 on: Establishing harmonised measures for the protection of third-party gamete donors.
Although one document (ESHRE) represents professional scientific guidance and the other an official recommendation to European governments (CM), both point in the same direction: Europe is moving towards a coordinated, transparent and ethically balanced approach to sperm and egg donation and the use of donated gametes at fertility treatments.
Why change is needed?
Modern fertility treatment is increasingly international, where donors may donate in one country, their gametes may be stored in another, and children may be born in other European jurisdictions.
While national legislation has developed independently over many years, this cross-border reality has created significant differences between countries regarding:
• donor anonymity
• donor compensation
• medical follow-up
• counselling
• data retention
• traceability
• limits on the number of donor offspring/families created from use of a single donor.
The absence of harmonised rules means that a donor may unknowingly have offspring in many countries without any authority having a complete overview. Both ESHRE and the Council of Europe agree that this situation is no longer sustainable.
A common goal: Protect the parties involved
Historically, discussions about donor conception focused mainly on helping infertile people build families. Today’s recommendations adopt a broader perspective where the interests of four groups are aimed to be balanced:
• donors
• recipient families
• donor-conceived individuals
• society as a whole.
Rather than treating these interests as competing, both organisations argue they should be protected simultaneously.
The wellbeing of donor-conceived people takes centre stage
Perhaps the most notable shift is the growing recognition that donor-conceived people should be central when designing future policies. ESHRE concludes that uncertainty surrounding very large donor sibling groups may negatively affect donor-conceived individuals.
Reported concerns include:
• uncertainty regarding the total number of genetic siblings
• difficulties navigating very large sibling networks
• feelings of being “mass-produced” or commodified
• concerns about future accidental relationships between donor relatives.
Although current scientific evidence remains limited, ESHRE recommends adopting a precautionary approach until stronger long-term evidence becomes available.
Harmonised limits on donor families
One of the headline recommendations concerns limits on the use of donor gametes.
ESHRE proposes:
• an immediate European limit of 50 families per donor
• gradual reduction over time
• an eventual target of 15 families or fewer after further evaluation.
Importantly, ESHRE recommends counting families rather than individual children, allowing recipient families to have siblings from the same donor without affecting the limit. The Council of Europe does not prescribe a specific number. Instead, it recommends that all member states establish legal limits nationally while working towards a common European upper limit based on scientific evidence. This cautious approach recognises that harmonisation requires political agreement across many countries.
European donor registries
Both publications identify donor registries as essential. Without reliable registries, donor limits cannot be effectively monitored across borders.
The recommendations include:
• unique donor identification
• interoperability between national systems
• long-term medical record retention
• traceability across countries
• mechanisms for updating medical and genetic information throughout the donor’s lifetime.
This would significantly improve both patient safety and long-term healthcare for donor-conceived individuals.
Donor information and counselling
The new recommendations expand the concept of informed consent. Donation should not simply involve signing a consent form.
Instead, donors should receive comprehensive information covering:
• medical procedures
• possible complications
• future use of donated gametes
• cross-border distribution
• donor anonymity laws
• posthumous use
• genetic testing
• future contact with donor-conceived offspring.
The Council of Europe further recommends that independent psychosocial and genetic counselling be available before and after donation, ensuring donors fully understand both the medical and emotional implications. Furthermore, it recommends expanded rights for donors to withdraw consent at any point in time.
Anonymity is changing
One of the most realistic observations within the Council of Europe recommendation concerns anonymity. Regardless of national legislation, direct-to-consumer DNA testing has fundamentally altered donor conception, why true anonymity can no longer be guaranteed.
Donors should therefore be informed that:
• relatives may submit DNA tests
• donor-conceived individuals may identify biological relatives through genetic information
• future contact may occur even where anonymous donation remains lawful.
This reflects the practical reality rather than the legal theory of donor anonymity.
Financial neutrality rather than financial incentives
Another area of strong agreement concerns compensation. Both organisations reaffirm that gamete donation should remain fundamentally altruistic. Donors should neither profit financially nor suffer financial loss because of donation.
Reasonable reimbursement for:
• travel
• lost earnings
• inconvenience
• medical expenses
may be appropriate.
However, recruitment should never rely on financial incentives that risk commercialising the human body.
Cross-Border donation requires European cooperation
Cross-border fertility treatment has become routine throughout Europe. Patients frequently travel to another country for treatment, while donor sperm and eggs are regularly distributed between countries. Both documents conclude that isolated national rules can no longer provide sufficient oversight.
European cooperation is therefore essential for:
• donor limits
• traceability
• medical safety
• donor protection
• information sharing
• regulatory consistency.
Challenges ahead
Implementing these recommendations will not be straightforward. Lower donor limits may initially reduce donor availability and increase waiting times.
ESHRE therefore recommends a gradual implementation alongside:
• stronger donor recruitment programmes
• public education
• greater public-sector involvement
• continued monitoring of access to treatment.
The aim is to improve protection without creating unnecessary barriers for patients who rely on donor conception.
What does this mean for Fertility Clinics and Gamete Banks?
Fertility clinics, sperm and egg banks should anticipate increasing expectations regarding:
• comprehensive donor counselling
• documentation of informed consent and possible expanded right to withdrawal
• medical follow-up
• donor registries
• cross-border traceability
• transparent donor limits
• psychosocial support
• long-term record keeping.
Many leading clinics already follow these principles, but harmonised European standards are likely to make them increasingly universal.
If compensation levels will be restricted and the way of communication to recruit and attract donors as well, this will based on our experience decrease significantly the number of interested candidates willing to donate.
Looking ahead
Together, these two publications represent some of the most significant developments in gamete donation in recent years.
Rather than viewing donor conception solely as a medical treatment, they recognise it as a lifelong process affecting donors, recipient families and donor-conceived people alike. Although legislation will evolve gradually, the direction is unmistakable. Europe is moving towards greater transparency, stronger donor protection, harmonised regulation and a more balanced approach that safeguards everyone involved.
For intended parents, donors and fertility professionals alike, understanding these developments will become increasingly important as European fertility care enters its next chapter. These drafts are based on the ESHRE Position Paper on international donor limits and the Council of Europe Recommendation CM/Rec(2026)10, which broadly align on donor protection, traceability, counselling, registries, and the need for harmonised European standards, while differing in how prescriptive they are on numerical donor limits.
Sources:
ESHRE position paper, JULY 2026:
https://www.eshre.eu/Europe/Position-statements/Donor-offspring-limits
CM council of Europe recommendations, 25th JUNE 2026:
https://search.coe.int/cm/eng#{%22CoEIdentifier%22:[%2209125948802c3016%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}