Terms and conditions

Please read the terms and conditions of the sperm banks we work with to gain access to see our donors.

» Terms & Conditions, private v2 en (borndonorbank.shop) » Terms and conditions of purchase (liviospermbank.com)

Terms and conditions regarding
list of available donors on Diers Klinik’s website

Before logging into the list of available donors on Diers Klinik’s website, the customer accepts and agrees to the terms below regarding donor sperm:

1. Responsibility for examining the terms and conditions of the sperm bank of the chosen donor

The customer has the option of choosing between donor sperm from different sperm banks.
The customer is responsible for examining the terms and conditions, which the selected sperm bank has set for the donor sperm and the donor category in question. The customer is responsible for thoroughly reading these terms and conditions before logging into Diers Klinik’s donor list.
Does the customer have problems finding the terms and conditions from the selected sperm bank, or does the customer not receive adequate answers to any questions regarding the terms and conditions, the customer is welcome to contact the clinic, which can be helpful in clarifying any questions via the sperm bank.

2. Information about the sperm donor in donor profiles etc.

The information in the donor profile and other material about the sperm donor has been prepared by the respective sperm bank and has emerged partly from observations and measurements (appearance) as well as impressions of the donor, and partly from the donor’s own information.
Photos of the donor as a child are also provided by the donor. However, the clinic and the sperm banks sperm cannot guarantee the accuracy of this information and disclaims any responsibility for any errors in the donor information in donor profiles and the like.
The list and information about the donors on Diers Klinik’s website are a copy of the information about the donor from the sperm bank’s website. Diers Klinik disclaims responsibility for any discrepancies in the information about the donor, e.g. due to of an error copy or the sperm bank’s subsequent update of the donor profile and the information about the donor. The information on the sperm bank’s website is the most up-to-date, and Diers Klinik encourages the customer to always check the donor profile and the information about the donor on the sperm bank’s website before choosing a donor.

3. Legislative quota in Denmark – number of donor children per sperm donor

The customer is informed that the Danish legislation has defined rules that limit the number of viable pregnancies established with donor sperm from the same donor in Danish recipients treated in Denmark.
This means that sperm from the same donor can be used for a maximum of 12 donor children in Denmark. However, it will be possible to create more than 12 children if the donor sperm are used for treatment with the sole purpose of having siblings after the same donor. In addition, frozen eggs fertilized with sperm from a donor where the number of viable pregnancies established with sperm from the same donor has subsequently exceeded 12 could continue to be used.
In addition, the individual sperm banks may have laid down more detailed restrictions on how many donor children or families the individual donor can give rise to worldwide. The customer is encouraged to examine the sperm bank’s possible limitations on the number of donor children/families for the donor in question worldwide.

4. Legal status of donors

It is a basic precondition for sperm donation of gametes that the sperm donor cannot be considered or sentenced to be the legal parent of the donor children that is a result of the donation, and that the sperm donor has no rights to the parenthood of a donor child.
The customer acknowledges and accepts that the donor cannot be considered the legal parent of the donor children that are a result of the donation. The customer fully waives all claims against the donor in relation to parenthood as well as any rights that may arise therefrom. The customer acknowledges and accepts that the donor cannot be held liable for any loss or compensation claim arising from the donation.

5. Confidentiality / disclosure of identifying information about the donor

The customer acknowledges that information about the donor disclosed by the sperm bank is confidential and may include sensitive personal data about the donor and thus must not be revealed to any third party in any manner, except to the extent required by law or by relevant national authorities.
Regardless of the above, the customer may disclose information about the donor to the clinic treating her and to donor children of the donor in question to the extent required in the circumstances. Any other disclosure or publication of information about the donor, whether orally, through social media or otherwise, may compromise the protection of the donor’s personal data and be detrimental to the sperm bank’s business and may result in sanctions under civil or criminal law, including claims for contractual or non-contractual damages or, if the circumstances so warrant, imprisonment.
The customer warrants that the customer will not make any attempts to search for or trace the donor or the donor’s family, including specific initiatives that may directly or indirectly indicate that the customer is looking for the donor. If, nevertheless, the customer initiates such a search, the customer must indemnify and hold harmless the sperm bank and/or the donor from any direct or indirect loss or distress and inconvenience.
With regards to the above, any search for recipients of donor sperm from the donor, or other donor children of the donor is subject to your own responsibility and discretion. You acknowledge that your search for other recipients or donor children can inflict distress and inconvenience on those parties, for which you can be held responsible.
Should the customer come into possession of identifying information about the donor, this information may under no circumstances be passed on to third parties unless required by law or by the authorities.

6. Duty of confidentiality and access to / disclosure of information

The customer has been informed that the clinic’s staff have a duty of confidentiality regarding health matters, other purely private matters and other confidential information, cf. Chapter 9 of the Health Act, and that the clinic will keep all information strictly confidential.
The customer is informed that the clinic passes on the above registered information, including the customer’s identity, to authorities (eg the Danish Agency for Patient Safety, the National Board of Health, etc.), to the extent that the clinic is obliged to do so in accordance with applicable legislation.
The customer is informed that the clinic can transfer the above-mentioned registered information to another tissue center, which has been approved in accordance with Sections 4 or 5 of the Tissue Act, e.g. if the clinic ceases its business. The customer is informed that this is mandatory for reasons of ensuring traceability, cf. the Tissue Order § 16, paragraph. 3.
If the clinic submits or forwards information to authorities / tissue centers / professional third parties in accordance with applicable rules, cf. above, the customer is informed that these authorities / clinics will also be able to carry out treatment, etc. of the customer’s personal information.

7. Choice of law and venue

As the customer receives fertility treatment in Denmark, the customer accepts that any dispute that may arise from the treatment with donor sperm must be settled in accordance with Danish law and legislation and in the Danish legal system at the Court in Aarhus. This applies to both disputes between the customer and the clinic, and also disputes involving other parties, e.g. other tissue centers, sperm banks, clinics and / or the donor child. The customer also accepts that the legal language is Danish, and that Danish law and the Danish legal system must be applied, regardless of whether international rules on choice of law may lead to a different result.

Date: Version 23.6.2023