Evaluatie embryowet - Rijksuniversiteit Groningen

Summary
The Act
The Embryos Act, which came into force on 1 September 2002, imposes limitations on the use of gametes
and embryos by prohibiting what is deemed impermissible and attaching conditions to other
procedures. Parliament has sought to strike a balance between respect for the dignity of the human
person, and human life and other values, such as care of the sick, the promotion of their health, the
well-being of infertile couples and the future child. Out of respect for human life the Act imposes
conditions and limitations on the use of gametes and embryos and it limits the purposes for which
these may be used. The basic premise is that most social groups must agree with the decisions that
are made and that the choices should retain some degree of validity in the face of advances in medicine.
Parliament opted for a system consisting of standardisation, the formulation of rights and the definition
of responsibilities on the one hand, and the drafting of protocols and reporting on the other. The Act
imposes a provisional ban on the creation and use of an embryo specifically for scientific research and
for purposes other than establishing a pregnancy which will be repealed at a time to be determined by
Royal Decree. This Decree will be placed before Parliament within five years of the Act coming into force.
The Netherlands must take into account the Convention for the Protection of Human Rights and Dignity
of the Human Being with Regard to the Application Of Biology and Medicine (CHRB). The most
important provision as far as the Embryos Act is concerned obliges a signatory state to ensure adequate
protection of the embryo where the law allows research on embryos. This Convention, which
also has several relevant additional protocols, has been signed by the Netherlands but not yet ratified.
Key question
The central question raised in the evaluation study concerned the extent to which Parliament’s objectives
have been realised. This was answered by addressing the following ancillary questions: How is
the Act being applied in practice Are any bottlenecks or problems being encountered (e.g. in relation
to new developments) Does the Act have unwanted effects (either direct or indirect) – for example,
does it act as a barrier to scientific research Considering Parliament’s original objective, do the findings
provide grounds for modifying the Act in respect of definitions, procedures or otherwise
Design of the study
The evaluation study consisted of three parts.
The aim of the first part was to gain an insight into the progress that has been made in the first few
years with regard to the introduction of the Act and its application (chapter 6). In addition, interviews
were conducted with professionals at IVF centres, representatives of professional associations, scientists,
the Central Committee on Medical Research Involving Human Subjects (CCMO), the patient organisation
Freya and the Health Care Inspectorate (IGZ). Protocols were collected from the IVF centres
and the relevant medical ethical committees (MECs) have answered written questions about their
17