prohibited in Chile 402 and Peru; 403 (ii) the laws of Brazil, 404 Chile 405 and Peru 406 prohibit the
use of assisted reproductive techniques for purposes other than human procreation; (iii)
Brazil stipulates that the ideal number of eggs and pre-embryos to be transferred may be
no more than four, to avoid increasing the risk of multiple births, 407 and prohibits the use of
procedures “aimed at embryonic reduction” 408 and the commercialization of biological
material is a crime, 409 and (iv) there are different types of regulations on cryopreservation.
For example, Chile prohibits the freezing of embryos for deferred transfer, 410 while Brazil 411
and Colombia 412 allow the cryopreservation of embryos, spermatozoids and eggs. In
addition, some countries, such as Argentina, 413 Chile 414 and Uruguay, 415 are trying to take
402
Cf. Law 20,120 of 2006, Ministry of Health of Chile, article 5 (file of attachments to the answering brief,
volume IV, annex 2, folios 8424 to 8426).
403
Cf. General Health Law of Peru No. 26,842 of July 15, 1997, article 7 (file of attachments to the answering
brief, volume IV, annex 2, folio 8357).
404
Cf. Decision of the Federal Medical Board No. 1,358 of 1992, General Principle No. 5 (file of attachments to
the merits report volume I, annex 18, folios 425 a 428).
405
Cf. Bill on Assisted Human Reproduction, article 1 (file of attachments to the answering brief, volume IV,
annex 2, folios 8437 to 8443).
406
Cf. General Health Law of Peru No. 26,842 of July 15, 1997, article 7 (file of attachments to the answering
brief, volume IV, annex 2, folio 8357).
407
Cf. Decision No. 1,358 of 1992 of the Federal Medical Board, General Principle No.6 (file of attachments to
the merits report volume I, annex 18, folios 425 to 428). Regarding embryo transfer, expert witness Garza
explained that “the guidelines issued by the American Society of Reproductive Medicine (ASRM) in 1999
recommend that no more than two embryos be transferred to the women who have the greatest probability of
becoming pregnant and no more than five to patients with a lower probability of pregnancy. In 2006, in an effort to
reduce even more the occurrence of high-order multiple pregnancy, ASRM and the Society for Assisted
Reproduction Technologies (SART) developed guidelines to help ART programs and patients determine the
appropriate number of cleavage stage (usually 2 or 3 days after fertilization) embryos or blastocysts (usually 5 or 6
days after fertilization) to transfer. These guidelines recommend that: women under the age of 35, who have a
greater probability of becoming pregnant, should be encouraged to consider single-embryo transfer; women aged
from 35 to 37 who have a favorable prognosis, should not receive more than two embryos; women aged from 38
to 40 who have a favorable prognosis should not receive more than three cleavage-stage embryos or no more than
two blastocysts. Women aged 40, and those with less probability of becoming pregnant can have more embryos
transferred.” Affidavit prepared by expert witness Garza (merits report, volume V, folios 2566 and 2567).
408
General Principle No. 7, Decision of the Federal Medical Board No. 1,358 of 1992 (file of attachments to
the merits report volume I, annex 18, folios 425 to 428).
409
Article 5 of Law No. 11,105, of March 24, 2005, Brazil (merits file, volume I, annex 20, folios 249 to 262).
410
Cf. Regulations applicable to in vitro fertilization and embryonic transfer, No. 1072 of June 28, 1985,
Santiago, Ministry of Health, Republic of Chile (file of attachments to the answering brief, volume IV, annex 2,
folios 8456 to 8459). Article 8 establishes that: “the Institution and the respective team of experts must keep and
provide to the authorities of the Ministry of Health complete and reliable information on: (a) Place or site where IVF
and ET are performed; (b) the institution that sponsors and is responsible for the IVF and ET program, clearly
defining the program’s objectives and procedures; (c) the experts and professionals who perform and assist with
the IVF and ET procedures, their training and suitability; (d) work protocols in which the details of IVF and ET
procedures are recorded, indicating the number of eggs obtained, fertilized or implanted. In this regard, the
protocols must establish that all normal fertilized eggs must be transferred to the mother and prohibit the freezing
of embryos for deferred transfer, much less for research purposes.”
411
Cf. Decision of the Federal Medical Board No. 1,358 of 1992 (file of attachments to the merits report,
volume I, annex 18, folios 425 to 428).
412
Cf. Decree No. 1546 of 1998, President of the Republic of Colombia, article 48 (file of attachments to the
answering brief, volume IV, annex 2, folios 8277 to 8303).
413
Bill approved by the Chamber of Deputies on June 28, 2012, establishing that social welfare agencies, prepaid medicine entities and the public health system must include as obligatory services full and interdisciplinary
coverage of the procedures that the World Health Organization defines as “Assisted Human Reproduction.” Text of
the six article available [in Spanish] at: http://www1.hcdn.gov.ar/proyxml/expediente.asp?fundamentos=
si&numexp=0492-D-2010