Reproductive Medicine Ordinance (RMO) (RMO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Donor Data Register
Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 15 Competent authority
1 The Federal Civil Status Office (Federal Office) shall keep a register for storing the sperm donor data specified in Article 24 of the Act (donor data register). 2 The Federal Office shall issue processing regulations governing the establishment and management of the donor data register, and defining in particular the structure, procedures and access rights.
Art. 15 — Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 15a Online management
1 The donor data register is kept electronically. 2 The transmitted data are stored in electronic form. 3 The electronic system for the management of the register and for storing the data must meet the following requirements: a. the long-term existence and quality of the data are guaranteed; b. the data are secured in accordance with recognised standards and the current state of the art; c. the programming and the file format for the data are documented.
Art. 15a — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 15b Structure of the donor data register
1 The register contains a directory of the sperm donors. 2 Each sperm donor file contains the following information: a. the data transmitted by the attending doctor with the registration form for the sperm donor data (Art. 16 para. 1); b. the results of the medical examinations (Art. 16 para. 1); c. other donor data stored at the request of the sperm donor (Art. 17).
Art. 15b — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 16 Transmission of the data to the Federal Office
1 The data are transmitted by the attending doctor to the Federal Office in accordance with Articles 24 and 25 of the Act at the same time as the report of the sperm donor data; the form may be transmitted on paper (Art. 16a) or electronically (Art. 16b); the Federal Office issues the form. 2 The other data may be transmitted at a time later than that specified in paragraph 1. 3 The registration form for sperm donor data contains the following data: a. relating to the donor: 1. name and first name, date of birth and place of birth, place of residence, place of origin or nationality, occupation and education, 2. date of the sperm donation, 3. results of the medical examinations, 4. description of the physical appearance: stature, size, hair colour, eye colour, skin colour, special features; b. relating to the recipient of the sperm donation and her husband or her wife: 1. name and first name, date of birth and place of birth, place of residence, place of origin or nationality, 2. date o
Art. 16 — Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2012 (AS 2012 6097). Para. 3 let. b — Amended by No II of the O of 30 March 2022, in force since 1 July 2022 (AS 2022 243).
Art. 16a Transmission in paper form
1 If the form is completed by hand, it must be completed legibly in block capitals and signed. 2 If the form is illegible, incomplete, not signed or defective in some other way, the Federal Office may return it to the doctor, giving notice that he or she will be in breach of the obligation under Article 25 of the Act to transmit the data if the noted defects are not rectified. 3 Data may be transmitted in accordance with Article 24 of the Act and Article 17 of this Ordinance by registered post or by private courier.
Art. 16a — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2012 (AS 2012 6097).
Art. 16b Transmission in electronic form
1 The Federal Office may request doctors who wish to transmit the data electronically that they register with a recognised platform for the secure service in accordance with Article 2 the Ordinance of 18 June 2010 on Electronic Service in Civil and Criminal Proceedings and Debt Enforcement and Bankruptcy Procedures. 2 The doctors shall use the electronic form provided by the Federal Office on its website, on the secure service platform or by post. 3 The form must bear a qualified electronic signature in accordance with Article 2 of the Federal Act of 18 March 2016 on Electronic Signatures. 4 A certified electronic signature is not required if identification of the sender and the integrity of the transmission is guaranteed in some other suitable way. 5 The result of the medical examinations is transmitted to the Federal Office in PDF/A format. 6 The doctors shall send documents that are not electronically transmitted by registered post or by private courier to the Federal Office. 7 The
Art. 16b — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097). Para. 1 — SR 272.1 Para. 3 — SR 943.03 Para. 3 — Amended by Annex No II 8 of the O of 23 Nov. 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4667).
Art. 17 Storage of additional donor data
At the request of the sperm donor, additional donor data, in particular photographs of the donor, shall be stored as well as the data specified in Article 24 of the Act.
Art. 18 Updating of stored data
At the request of the treated couple, the data held in the donor data register shall be updated. The couple shall provide the information required for this purpose.
Art. 18 — Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 19 Security of stored data
1 The Federal Office shall ensure that the data in the donor data register and the data in accordance with Article 15b paragraph 2 are securely stored in accordance with the principles of data protection legislation. 2 In particular, it shall ensure protection against fire, water, theft and unauthorised processing of the data.
Art. 19 — Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097).
Art. 19a Electronic data carriers
1 The files transmitted in paper form shall be digitalised and stored in electronic form. Following digitalisation, the paper copies shall be destroyed. 2 The Federal Office may delegate these duties to an external agency, which undertakes in terms of a written agreement to record all the data electronically, treat it as confidential and guarantee its security. Article 9 of the Data Protection Act of 25 September 2020 applies mutatis mutandis. 3 The Federal Office shall confirm on request that the digitalised documents correspond to their originals in paper form
Art. 19a — Inserted by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2013 (AS 2012 6097). Para. 2 — SR 235.1 Para. 2 — Second sentence amended by Annex 2 No II 90 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).
Art. 20 Archiving and destruction of the data
1 On expiry of the retention period of 80 years (Art. 26 of the Act), the data in the donor data register and the data under Article 15b paragraph 2 shall be offered to the Federal Archives for archiving. 2 The data regarded by the Federal Archives as not worthy of archiving shall be destroyed.
Art. 20 — Amended by No I of the O of 31 Oct. 2012, in force since 1 Jan. 2012 (AS 2012 6097).
Section 2 Procedure for Disclosure of Information
Art. 21 Request for information
1 The child must submit to the Federal Office a written request for information in accordance with Article 27 paragraph 1 or 2, specifying the mother’s personal data. 2 The child must provide evidence of his or her identity in the form of a copy of a passport, identity card or an equivalent identity document and demonstrate that the requirements specified in Article 27 paragraph 1 or 2 of the Act are met. 3 If the child is evidently incapable of acting on his or her own behalf, the Federal Office may request him or her to enlist a representative.
Para. 2 — Amended by No I of the O of 14 Nov. 2018, in force since 1 Jan. 2019 (AS 2018 4681). Para. 3 — Amended by No I of the O of 14 Nov. 2018, in force since 1 Jan. 2019 (AS 2018 4681).
Art. 22 Notification of the sperm donor
1 If the child fulfils the requirements specified in Article 27 paragraph 1 or 2 of the Act and requests information on the personal data of the sperm donor, the Federal Office shall ascertain the latter’s current address. In doing so, the Federal Office shall as far as possible avoid indicating the purpose of the inquiry. 2 Federal, cantonal and communal authorities that can provide the relevant information are obliged to assist the Federal Office at its request. 3 The Federal Office shall inform the sperm donor of the fact that his personal data are to be disclosed to the child. It shall grant him an appropriate period to express his wishes concerning personal contact with the child.
Art. 23 Provision of information to the child
1 If the requirements of Article 27 paragraph 1 or 2 of the Act are met, the child may choose whether to be provided information: a. by communication by post; b. by a doctor, a person trained in social psychology, or a specialist organisation of the child’s choice. 2 The personal details of the sperm donor shall be provided to the child in a written report. 3 If the requirement in Article 27 paragraph 1 of the Act is not met, the Office shall inform the child in writing that he or she is not yet entitled to be provided with information. 4 If the requirement in Article 27 paragraph 2 of the Act is not met, the Office shall inform the child in writing that he or she has no legitimate interest and, provided the requirement in Article 27 paragraph 1 of the Act is met, that he or she may choose how information is provided in accordance with paragraph 1. 5 The Office shall notify the child if the donor could not be found or could not be reliably identified, failed to answer or declined any p
Art. 23 — Amended by No I of the O of 14 Nov. 2018, in force since 1 Jan. 2019 (AS 2018 4681).
Art. 24
Repealed by No I of the O of 14 Nov. 2018, with effect from 1 Jan. 2019 (AS 2018 4681).
Art. 25 Data protection
1 In any contacts with the sperm donor or with the child, strict confidentiality shall be observed by the persons and authorities concerned. 2 Before any contacts with the sperm donor, his identity must be securely established.
Art. 26 Charges
The charges and expenses in the disclosure procedure shall be based on the Ordinance of 27 October 1999 on Civil Status Fees.
SR 172.042.110