woman’s uterus.” 62 This technique is used when infertility is caused by the absence or
blockage of the woman’s Fallopian tubes; in other words, when an egg cannot pass through
the Fallopian tubes to be fertilized and subsequently implanted in the uterus, 63 or in cases of
male infertility, 64 and also in cases where the cause of infertility is unknown. The stages
followed during IVF are: 65 (i) ovulation induction; (ii) retrieval (aspiration) of eggs from the
ovaries; (iii) insemination of eggs with spermatozoids; (iv) monitoring of the embryo
fertilization and incubation process, and (v) embryo transfer to the mother’s uterus.
65.
There are five stages in embryonic development in IVF and they last a total of five
days. First, mature ovules are selected and fertilized, which leads to the development of the
zygote. In the first 26 hours of development, the zygote divides into two cells, which
subsequently divide into four cells on day 2 and, finally, these divide again to form eight
cells on day 3. On day 4, the embryo reaches the morula stage, and on day 4 and day 5,
the blastocyst stage. The embryos can remain in culture for up to five days before being
transferred to a woman’s uterus. 66 Consequently, the embryo can be transferred from day 2
until the evening of day 5. The decision on when to transfer the embryo is taken based on
the morphological and dynamic nature of the cellular division. 67 The embryo can be
transferred directly to the uterus or to the Fallopian tubes. It is possible to know if a woman
has become pregnant 12 days after embryo transfer based on the marker hormones present
in the woman. 68
66.
The first birth of a baby resulting from in vitro fertilization occurred in England in
1978. 69 In Latin America, the first baby born through in vitro fertilization and embryo
transfer was reported in Argentina in 1984. 70 Since the birth of the first person as a result of
Assisted Reproductive Techniques (hereinafter “ART”) was reported, five million people in
the world have been born thanks to the advances in this technology.” 71 Furthermore, “each
year, millions of ART procedures are performed. It is estimated that, in 2008, 1.6 million
62
Affidavit prepared by expert witness Garza (merits report, volume V, folio 2559).
63
In this regard, expert witness Zegers-Hochschild indicated that “fertilization cannot occur if there is no
Fallopian tube; embryonic development cannot occur, if the spermatozoids deposited in the vagina are not capable
of reaching the [Fallopian] tube, just as there is no fertilization if the spermatozoids reach it but are not capable of
fertilizing.” Statement of expert witness Zegers-Hochschild at the public hearing held in this case. Also, Written
summary of the expert opinion provided by Anthony Caruso at the public hearing before the Court (merits report,
volume VI, folio 2937.210), and testimony of deponent Ribas (merits report, volume V, folio 2243).
64
Cf. Written summary of the expert opinion provided by Anthony Caruso at the public hearing before the
Court (merits report, volume VI, folio 2937.214).
65
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2825 to 2830); Affidavit prepared by expert witness Garza
(merits report, volume V, folio 2559), and Statement by deponent Ribas (merits report, volume V, folios 2245 to
2248).
66
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2828 and 2829).
67
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2828 and 2829).
68
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2828 and 2829).
69
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 Statement by deponent Ribas (merits report, volume
V, folio 2242).
70
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folios 2822).
71
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).