Reproductive
medicine
Under current Swiss reproductive medicine law, only sperm donation is permitted—and exclusively for married couples; since the introduction of marriage equality, this also applies to married female couples. Egg donation, embryo donation, and surrogacy remain prohibited for all couples; unmarried couples and single individuals have no access to assisted reproductive technologies in Switzerland. In January 2025, the Federal Council adopted guidelines for a comprehensive reform intended to open up egg donation to everyone in the future and to extend sperm and egg donation to unmarried couples as well—however, as it stands and until the law is actually amended, the current regulation remains in full force. Individuals seeking treatment abroad still need a well-thought-out strategy for the recognition of parenthood upon their return to Switzerland. We can advise you on both—current law and the upcoming reform.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
The Reproductive Medicine Act (FMedG) governs the conditions under which medically assisted reproduction—in particular, insemination and in vitro fertilization (IVF) with embryo transfer—may be used to treat infertility or to prevent a serious, incurable disease. The use of donated sperm is permitted; a sperm donation may be used to father no more than eight children, and the donor is registered in a central registry—meaning the donation is not anonymous. Furthermore, no more than twelve embryos may be developed within a single IVF treatment cycle, and frozen sperm, eggs, and embryos may currently be stored for a maximum of ten years.
Under current law, access to sperm donation is limited to married couples. In practice, this means: opposite-sex married couples in cases of male infertility or a corresponding health risk, as well as married female couples. Unmarried couples and single individuals still have no legal access to reproductive medicine procedures in Switzerland.
Egg donation, embryo donation, and surrogacy are prohibited in Switzerland for all couples, regardless of marital status or sexual orientation. Based on a parliamentary motion, the Federal Council adopted key guidelines for a comprehensive revision of the Federal Act on Reproductive Medicine (FMedG) on January 29, 2025: In the future, egg donation may be permitted for both married and unmarried couples; access to sperm and egg donation may be extended to unmarried couples; the “12-year rule” may be reviewed; and storage periods may be redefined. As things stand today, a draft bill for public consultation is expected to be prepared in the coming months; the actual legislative process will follow only thereafter. Surrogacy is expressly excluded from this reform and will remain prohibited even after its implementation. We are closely monitoring the legislative process and will advise you based on the law currently in effect.
TREATMENT ABROAD: OPPORTUNITIES AND LEGAL RISKS UPON RETURN
Individuals who do not have access to these services in Switzerland—such as unmarried couples or couples who rely on egg donation or surrogacy—often turn to other countries. However, recognition of the parent-child relationship established abroad is not automatically guaranteed upon return to Switzerland: as a rule, only the parent who can be clearly identified genetically is initially recognized, while the other parent must typically go through a stepchild adoption process. We provide strategic advice even before you undergo treatment abroad and subsequently guide you through the recognition process and, if necessary, the adoption proceedings. We focus on cross-border cases, particularly those involving the United States, Georgia, Ukraine, Greece, Spain, the Netherlands, the United Kingdom, Mexico and Colombia.
A CHILD'S RIGHT TO KNOW THEIR ANCESTRY
Sperm donation in Switzerland is deliberately not anonymous: The donor is registered in a central registry, and the child may request information about the donor’s identity upon reaching the age of majority. This right to know one’s own parentage must be carefully considered when planning treatment—especially abroad, where this guarantee is not always in place.
Fertility treatments often involve significant emotional and physical stress for those going through them—we support you discreetly, personally, and with the necessary legal foresight, without you having to go liaise with an anonymous corporation. With us, you speak directly with an attorney. When appropriate, we draw on our specialized network, such as professionals who provide psychological support during treatment. As a law firm based in Geneva with a network of partners in more than 80 countries, we provide you with equally reliable advice if your treatment has an international component.
Married couples only: opposite-sex married couples in cases of male infertility, as well as married female couples since the legalization of marriage equality. Unmarried couples and single individuals are not eligible.
No, not at this time—and regardless of your gender or sexual orientation. The Federal Council adopted guidelines for legalization in January 2025, but a draft bill for public comment is only being prepared. Until the entry into force of a potential new law, the ban remains in effect.
No. Surrogacy is and remains prohibited in Switzerland for all couples, even after the current revision of the Federal Act on Reproductive Medicine is completed, as this revision expressly does not cover this area.
The plan is to allow egg donation for all couples and to grant access to sperm and egg donation to unmarried couples as well. The exact timeline for when the law will take effect has not yet been determined.
Recognition of parent-child relationships in Switzerland depends on the specific circumstances; often, stepchild adoption is required for the second intended parent. We review your situation in detail.