treatments resulted in the birth of 400,000 individuals between 2008 and September 2009”
globally. 72 In Latin America, “it is estimated that from 1990 to 2010, 150,000 individuals
were born,” according to the Latin American Register of Assisted Reproduction. 73
67.
Based on the evidence in the case file, Costa Rica is the only State in the world that
expressly prohibits IVF. 74
B) The Executive Decree
68.
In Costa Rica, Executive Decree No. 24029-S of February 3, 1995, issued by the
Ministry of Health, authorized the technique of in vitro fertilization for married couples and
regulated its practice. Article 1 of the Executive Decree regulated the practice of assisted
reproduction techniques between married couples, and established rules for their practice. 75
Article 2 defined assisted reproduction techniques as “all those artificial techniques in which
the union of the egg and the spermatozoid is achieved by a method of direct manipulation
of the reproductive cells in the laboratory.” 76
69.
The provisions of Decree Law No. 24029-S that specifically regulated the technique
of IVF at issue in the action of unconstitutionality, were as follows: 77
Article 9. In cases of in vitro fertilization, the fertilization of more than six of the patient’s eggs in
each treatment cycle is strictly prohibited.
Article 10. All the eggs fertilized in a treatment cycle shall be transferred to the patient’s uterine
cavity; discarding or eliminating embryos, or preserving them to be transferred during
subsequent cycles of the same patient or of other patients is strictly prohibited.
Article 11. Manipulation of the embryo’s genetic code, as well as any form of experimentation on
the embryo, is strictly prohibited.
Article 12. The trade in homologous or heterologous reproductive cells – eggs and spermatozoids
– to be used for treating patients by means of assisted reproduction techniques, is strictly
prohibited.
Article 13. Failure to comply with the provisions established herein shall give the Ministry of
Health the authority to cancel the health services operating permit and the accreditation of the
establishment in which the violation was committed; the matter is to be immediately referred to
the Public Prosecutor’s Office and to the respective Professional Association, for the appropriate
sanctions to be established.
72
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, Volume VI, folios 2821 and 2822).
73
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2821 and 2822).
74
The expert witness Zegers-Hochschild explained that “ART are used worldwide. This includes all the
countries of Europe, Oceania, Asia and the Middle East, as well as the countries that have this kind of technology in
Africa. In the Americas, ART are practiced in every country that has this kind of technology, with the exception of
Costa Rica. Hence, it is reasonable to conclude that Costa Rica is the only country in the world that [prohibits]
ART. Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, Volume VI, folio 2821).
75
Judgment No. 2000-02306 of March 15, 2000, delivered by the Constitutional Chamber of the Supreme
Court of Justice, File No. 95-001734-007-CO (file of attachments to the report, volume I, folio 85).
76
Judgment No. 2000-02306 of March 15, 2000, delivered by the Constitutional Chamber of the Supreme
Court of Justice, File No. 95-001734-007-CO (file of attachments to the report, volume I, folio 85)..
77
Judgment No. 2000-02306 of March 15, 2000, delivered by the Constitutional Chamber of the Supreme
Court of Justice, File No. 95-001734-007-CO (file of attachments to the report, volume I, folio 85 and 86).