Final Report (all chapters)

Health Ministry, and sets aside funds for conducting scientific research on the causes of
infertility.
Taking a closer look at the law, article 5 establishes that only stable, adult, heterosexual
couples, married or otherwise, have the right to receive ART treatments. In addition, both
spouses must be alive. However, the access to reproductive treatments is not unconditional.
Traditional couples have access to ART treatments only after they have demonstrated that their
infertility cannot be cured by any other means. Demonstration of infertility requires medical
examination and appropriate documentation. 3
As for the means available to couples that qualify for an ART treatment, the statute contains
several provisions. Gamete donation by a third party is prohibited. 4 Since only the couple’s own
gametes can be used for reproductive purpose, no provision is necessary to regulate the donation,
import, or export of gametes and embryos. Performing IVF is subject to constraints. Only three
embryos can be created for any one cycle, and all of them must be transferred. 5 In an effort to
prevent the accumulation of excess embryos, the long-term cryopreservation of embryos is not
allowed, 6
nor is their destruction. Embryo cryopreservation is permitted only for medical
reasons, and only for a limited period of time, in any case until the embryo is transferred. 7
“Selective reduction” is prohibited, with some very limited exceptions. 8
Since every in vitro embryo must be transferred and no embryo can be destroyed, any
technique that leads to the destruction of an embryo is prohibited. This means that techniques of
genetic screening such as pre-implantation genetic diagnosis are not allowed for any reason,
including therapeutic treatments. Also banned is any eugenic application – i.e., any change in the
genome of gametes or embryos not intended directly to benefit the latter. 9 Research on embryos
is allowed only to benefit the health and development of the embryos themselves. 10
Consistent with the narrow focus on procreation, the law leaves very little room for research
involving reproductive tissues. Somatic cell nuclear transfer of any kind is prohibited. 11 Since
embryos can only be created for procreative reasons and cannot be destroyed, the donation of
embryos for research purposes is excluded. The law also explicitly prohibits the creation of
embryos solely for research purposes. 12 The creation of human-animal chimeras or hybrids is
3
4
5
6
7
8
9
10
11
12
See Article 4, Section 1.
See Article 4, Section 3.
See Article 14, Section 2.
See Article 14, Section 1.
See Article 14, Section 3.
See Article 14, Section 4.
See Article 13, section 3b.
See Article 13, section 2.
See Article 13, Section 3c.
See Article 13, Section 3a.
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