Evaluatie embryowet - Rijksuniversiteit Groningen

ole in gamete donations that require an invasive intervention. Three research protocols have been
examined in order to ascertain how the Act functions in relation to scientific research. To gain an insight
into experiences of information provision and other protective measures, a survey was conducted
among patients and donors of gametes and surplus embryos.
The second part of the study was designed to provide an insight into Parliament’s intentions, the Act’s
history and background (chapter 2), its scope (chapter 5), and the context at home and abroad (chapters
3 and 4). With this in mind, preliminary discussions were held and published material (preexisting
for the most part) was collected and examined.
Part three of the study concerned new scientific developments and the future lifting of the ban on the
creation and use of embryos specifically for scientific research and purposes other than establishing a
pregnancy (chapters 7 and 8). The relevant medical technology developments were reviewed, interviews
were conducted with experts in the fields of embryology, reproductive medicine, genetics and
stem-cell research, and an ex ante analysis was done of possible future questions and dilemmas.
The findings and provisional conclusions were presented at an expert meeting to a number of experts
(including lay experts) and stakeholders, who shared their knowledge, experience and views.
Findings and recommendations
The general picture to emerge from the evaluation study is that the objective of the Act – to impose
limitations on the use of gametes and embryos – is being achieved. The approach adopted in the Act
is, broadly speaking, satisfactory. The balance between values and interests that was envisaged by
Parliament is therefore being realised. The introduction of the Act has gone according to plan and, except
in one respect, practical implementation has been a positive experience as far as compliance is
concerned. It appears that scientists are complying well with the Act. However, the evaluation also
revealed that the Act has not been sufficiently geared towards scientific developments and is creating
barriers to research into key health problems. From the standpoint of scientific progress, the Act is
proving incapable of providing an enduring framework.
Several bottlenecks have also come to light. These relate partly to the way in which terms, procedures
and prohibitory provisions have been formulated and partly to compliance with one particular section
of the Act.
General provisions
The statutory definition of the term “gametes” raises the question as to whether artificial gametes
and other functional equivalents of gametes also fall within the definition. It would be advisable to
bring such gametes explicitly within the scope of the Act.
The statutory definition of the term “embryo” gives rise to uncertainty over the meaning of this term.
One question to be answered is whether the Act is applicable to non-viable embryos. If it is not, then
this has important implications, not least for several prohibited procedures. On the other hand, the
definition may be too broad, since it does not exclude an individual cell, with which it is possible, using
advanced technology, to create an embryo.
Given the protective purpose of the Act, it would be advisable to formulate a new definition that is
geared specifically to what Parliament is seeking to protect. From a statutory perspective, there are
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