Spanish Legal Reproscape: The Making of a Bio-Industry

Abstract

Europe accounts for the largest number of assisted reproduction treatments (ARTs) in the world, with 56 percent of the global reproductive market quota, followed by Asia (23 percent) and North America (15 percent). However, Europe’s legal landscape of reproductive bio-commodities is a patchwork of permissive and restrictive countries, one of the main reasons for the transnational movement to access ARTs. Spain is the main destination for European middle- and upper-class couples seeking egg donation. The use of legislation has been a significant feature in making Spain a leading country in the global reproscape. This paper aims to understand the specific role of several undetermined legal concepts used by the Spanish regulation, such as “compensation” or “best interest of the child” in making global reproductive bio-commodities.