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).

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