Vargas was diagnosed with varicocele, which called for various tests based on which it was
determined that the only option that the couple had to conceive would be by IVF. 193
118. Following the judgment of the Constitutional Chamber of March 15, 2000, the doctor
explained the need to use medication and to travel abroad to carry out the second phase of
IVF. 194 The couple decided to adopt a child, but they were not awarded custody of a child. 195
F.8)
Enrique Acuña Cartín and Ana Cristina Castillo León
119. Enrique Acuña Cartín and Ana Cristina Castillo León were married on September 27,
1988. 196 After four years of marriage they started to seek a pregnancy. While undergoing
tests, Mr. Acuña was diagnosed with varicocele in 1997, and it was found that the low
spermatozoid count would make natural conception impossible; it was therefore suggested
that they resort to IVF. 197
120. Meanwhile, Ms. Castillo went to several doctors and she was diagnosed with
endometriosis and retroverted uterus. It was also determined that Ms. Castillo suffered from
“third degree prolapse of the uterus” and endometriosis in the Fallopian tubes. She
therefore underwent surgery to correct the “prolapse” and inspect her Fallopian tubes. She
also underwent hormone treatment to suspend her menstrual period for over a year. 198
121. Subsequently, the couple underwent 11 artificial inseminations. 199 In March 2000,
Ms. Castillo was following a medical protocol to control the problems diagnosed and awaiting
the result of the latest insemination and, if the results were not positive, the next step
would be to undergo the first IVF. 200
122.
Finally, Mr. Acuña and Ms. Castillo were divorced on March 21, 2007. 201
F.9)
Andrea Bianchi Bruna y Germán Moreno Valencia
193
He underwent a varicocelectomy, which improved the condition of his spermazoids by 60%, but without
achieving normal parameters. Owing to both the irreversible tubal factor in the patient, and her spouse’s male
factor, the only option for this couple to conceive would be by in vitro fertilization. Cf. Attestation of the treating
physician dated November 16, 2011 (file of annexes to the pleadings and motions brief, volume IV, folio 5614).
194
Cf. Medical certification of Dr. Ribas of November 16, 2011 (file of annexes to the pleadings and motions
brief, volume IV, folio 5613).
195
Cf. Affidavit of María Del Socorro Calderón Porras of December 11, 2011 (file of annexes to the pleadings
and motions brief, volume IV, folio 5618)
196
Cf. Marriage certification from the Civil Registry dated December 6, 2011 (file of annexes to the pleadings
and motions brief, volume IV, folio 5678).
197
Cf. Affidavit of Enrique Francisco Acuna Cartín of December 7, 2011 (file of annexes to the pleadings and
motions brief, volume IV, folio 5671) ), and attestation of the treating physician of October 27, 2011 (file of
annexes to the pleadings and motions brief, volume I, folio 4080).
198
Cf. Testimony of Ana Cristina Castillo León (file of annexes to the pleadings and motions brief, volume I,
folio 4102).
199
Cf. Affidavit of Enrique Francisco Acuna Cartín of December 7, 2011 (file of annexes to the pleadings and
motions brief, volume IV, folio 5673).
200
Cf. Testimony of Ana Cristina Castillo León (file of annexes to the pleadings and motions brief, volume I,
folio 4103).
201
Cf. Divorce certificate from the Civil Registry dated March 21, 2007 (file of annexes to the pleadings and
motions brief, volume I, folio 4079).