123. Andrea Bianchi Bruna and Germán Moreno Valencia were married on June 15,
1996. 202
124. After three years of marriage and since they were unable to achieve a pregnancy,
the couple sought medical treatment. During the treatment Ms. Bianchi underwent several
medical tests, including a hysterosalpingogram, which revealed that she suffered from
endometriosis. 203 Accordingly, Ms. Bianchi underwent a first operation, an exploratory
laparoscopy, 204 which revealed total obstruction of her Fallopian tubes. The doctor therefore
indicated that there was no possibility of a pregnancy, because this involved using the
passage through the Fallopian tubes. 205
125. During 2000 the couple underwent three artificial inseminations without success.
Following the March 15 judgment of the Constitutional Chamber, the couple were advised
that their only option to achieve a pregnancy would be to travel to another country to do so
and, in June 2001, it was recommended that they leave for Colombia immediately owing to
the unexpected development of follicles in the ovary. The couple travelled to Bogotá,
Colombia, to begin the tests. After several medical evaluations, IVF was performed;
however, the procedure was unsuccessful. 206 In December 2001, the couple returned to
Colombia, where a second IVF was performed. 207 On December 17, 2001, the pregnancy
test was positive. Ms. Bianchi gave birth to twins on July 11, 2002. 208
VII
PRIOR CONSIDERATION ON THE PURPOSE OF THE INSTANT CASE
Arguments of the Commission and the parties
126. Representative Molina argued that, in this case, “the State of Costa Rica has, for
over 11 years, maintained a consistent and ongoing policy of banning [IVF] and any other
method of assisted reproduction, and this has permeated not only the acts and omissions of
all branches of the State, but has extend[ed] to encouraging among civil society the
repudiation of persons who suffer from this type of reproductive disability.” 209 He also
202
Cf. Marriage certificate from the Civil Registry dated December 19, 2011 (file of annexes to the pleadings
and motions brief, volume I, folio 4107).
203
Cf. Expansion of the expert deposition of Dr. Delia Ribas (file of annexes to the pleadings and motions
brief, volume I, folio 2374).
204
Cf. Expansion of the expert deposition of Dr. Delia Ribas (file of annexes to the pleadings and motions
brief, volume V, folio 2374).
205
Cf. Testimony of Andrea Bianchi Bruna and Germán Moreno Valencia of December 2011 (file of annexes to
the pleadings and motions brief, volume I, folio 4112).
206
Cf. Testimony of Andrea Bianchi Bruna and Germán Moreno Valencia of December 2011 (file of annexes to
the pleadings and motions brief, volume I, folio 4113 to 4116).
207
Cf. Testimony of Andrea Bianchi Bruna and Germán Moreno Valencia of December 2011; “By December
we had saved enough for the second attempt […]” (file of annexes to the pleadings and motions brief, volume I,
folio 4116).
208
Cf. Testimony of Andrea Bianchi Bruna and Germán Moreno Valencia of December de 2011 (file of annexes
to the pleadings and motions brief, volume I, folio 4116).
209
In this regard, he added that the alleged “State policy [was] demonstrated by several and continuous acts
and omissions of the State,” for example: (i) t]he Constitutional Chamber’s prohibition of the practice of […] IVF”;
(ii) “the Chamber’s prohibition that the Legislature perform its function [of] legislating on the matter”; (iii) “the
inactivity of the Legislature and the Executive regarding assisted reproduction methods”; (iv) “a complaint before