Dutch Legislation

Artificial Insemination Donor Data Act (WDKB)

in force

Storage and disclosure of gamete donor data

Family law · Wet donorgegevens kunstmatige bevruchting · BWBR0013642 · Articles: 34

1 Article 1

In this Act and the provisions based thereon, the following definitions shall apply:

1a Article 1a

Artificial donor insemination is permitted exclusively if the practitioner possesses:

1b Article 1b

For the purpose of obtaining the donor code, as referred to in Article 1a, paragraph a, the practitioner shall provide the Board with:

1c Article 1c

The Board shall assign a one-time donor code to a donor whose data, as referred to in Article 1b, paragraph 1, subparagraph a, have not been…

1d Article 1d

The Board shall provide the donor code to the practitioner who has provided the data referred to in Article 1b, paragraph 1. If the donor code has…

1e Article 1e

If a practitioner, other than by application of Article 1b, wishes to obtain a reservation for a mother code linked to a donor code, the practitioner…

1f Article 1f

If an operator, other than by application of Article 1b, wishes to obtain a mother code linked to a donor code which has already been assigned to a…

1g Article 1g

If the donor wishes to reduce the maximum number of mother codes, the practitioner shall notify the Board thereof.

1h Article 1h

If, after the application of Article 1c, fewer than the statutory maximum number of mother codes are linked to a donor code and the donor wishes to…

1i Article 1i

If a provider no longer wishes to make use of a mother code reserved for his benefit, he shall notify the Board accordingly. The Board shall ensure…

1j Article 1j

The Board may, on its own motion, assign a donor code to a donor or link a mother code to a donor code and assign this mother code to a treated…

2 Article 2

The practitioner is obliged, in respect of an artificial donor insemination, to provide the following data to the Board within a period to be…

2a Article 2a

If, at the time of the artificial donor insemination, the practitioner held a reservation for a mother code linked to the donor code, as referred to…

3 Article 3

The Board shall provide the data in its possession regarding the donor concerned:

3a Article 3a

At the request of the parent of the child conceived through artificial donor insemination, the Board shall provide a statement as referred to in…

3b Article 3b

The Board shall provide to a person who has been conceived by and as a result of artificial donor insemination and who has reached the age of sixteen…

3c Article 3c

For the purposes of this Article, hereditary disorder means: a disorder in respect of which it follows from a professional standard, as referred to…

4 Article 4

There is a Board for Donor Information on Artificial Insemination (College donorgegevens kunstmatige bevruchting).

5 Article 5

The Board consists of seven members, including a chairperson.

6 Article 6

The regulations of the Board as well as any amendment thereof shall require the approval of Our Minister. Approval may be refused on the grounds of…

7 Article 7

Our Minister shall provide for the secretariat of the Board.

8 Article 8

The Board shall ensure the careful retention of the data referred to in paragraph 1a and Articles 2, paragraphs 1 and 2, and 3c, paragraph 1, for a…

9 Article 9 repealed
10 Article 10

The officials of the Health and Youth Care Inspectorate (Inspectie gezondheidszorg en jeugd) are charged with the supervision of compliance with the…

10a Article 10a

Our Minister is authorised to impose an order subject to a periodic penalty payment on the provider for the purpose of enforcing the provisions of…

10b Article 10b

Our Minister is authorised to impose an administrative fine in respect of a violation of Articles 1a or 2, paragraph 1 or 2.

11 Article 11

A person who acts in contravention of an obligation referred to in Articles 1a or 2, paragraph 1 or 2, shall be punished by a term of detention not…

12 Article 12

The data referred to in Article 2, which are held by natural or legal persons at the time Article 4 enters into force, shall be transferred to the…

12a Article 12a

For the purpose of assessing the applicability of Article 12 to a petition for the provision of information, a practitioner shall, upon request…

13 Article 13

If a practitioner wishes to use spermatozoa or ova from a donor whose gametes have already been used by him for artificial donor conception prior to…

13a Article 13a

The Board shall provide to the general practitioner of a person conceived by and as a result of artificial donor insemination, upon his petition, the…

13b Article 13b

Our Minister of Health, Welfare and Sport shall send to the States General, within five years after the entry into force of the Act of 25 August 2023…

14 Article 14

This Act shall enter into force on a date to be determined by Royal Decree, which may differ for the various articles or parts thereof, with the…

15 Article 15

This Act shall be cited as: Wet donorgegevens kunstmatige bevruchting.