14 instruments, whether in a preovulatory follicle (intrafollicular), in the uterus, in the cervix or in the fallopian tubes. 47 The assisted fertilization techniques such as artificial insemination are simple techniques used only when there are certain minor fertility problems. 48 62. Currently, only homologous insemination is allowed in Costa Rica; in other words, insemination to treat cases of minor infertility. However, these techniques are not useful for the vast majority of infertility problems, such as cases that involve tubal blockage, damaged fallopian tubes and severe endometriosis, as well as cases of male infertility. In such cases, the patient will have to resort to in vitro fertilization. 49 3. In vitro fertilization In vitro fertilization is an assisted reproductive technique that involves extracorporeal 63. 50 fertilization. In vitro fertilization basically consists of the harvesting of eggs from the woman’s ovaries and the fertilization of those eggs outside the woman’s body, and then re-implanting them in the uterus. 51 64. This technique is indicated when infertility is because the woman’s fallopian tubes are either missing or blocked; in other words, when an egg cannot get through the fallopian tubes to be fertilized and then implanted in the uterus, or in cases of male infertility. 52 65. The first baby born as a result of in vitro fertilization was Louise Brown, in England in 1978. 53 In Latin America, the first baby born through in vitro fertilization and embryonic transfer was reported in Argentina in 1984. 54 C. The Law 1. The right to private and family life (Article 11 of the American Convention) and the right to found a family (Article 17 of the American Convention) 47 World Health Organization, Current Practices and Controversies in Assisted Reproduction, Report of a meeting on “Medical, Ethical and Social Aspects of Assisted Reproduction” held at WHO Headquarters in Geneva, Switzerland 17–21 September 2001, Glossary, p XIX. 48 Artificial insemination is indicated, for example, in cases of changes in the cervical mucus, for example when the mucus becomes hostile to sperm or when the man is producing antibodies against his own semen. According to the World Medical Association, although some legislatures have considered artificial insemination, whether using donor semen or semen from the patient’s partner, as different, many of the issues about regulation in relation to obtaining, storing, using and disposing of gametes and embryos are closely interlinked; Inter-American Institute of Human Rights, Reproducción Asistida, género y derechos humanos en América Latina, Florencia Luna, 2007, p. 41. 49 Inter-American Institute of Human Rights, Reproducción Asistida, género y derechos humanos en América Latina, Florencia Luna, 2007, p. 41. 50 The International Committee for Monitoring Assisted Reproductive Technology (ICMART) and the World Health Organization (WHO), Revised Glossary on ART Terminology, 2009, published in Human Reproduction, Vol.24, No.11 pp. 2683–2687, 2009; World Health Organization, Current Practices and Controversies in Assisted Reproduction, Report of a meeting on “Medical, Ethical and Social Aspects of Assisted Reproduction” held at WHO Headquarters in Geneva, Switzerland 17–21 September 2001, Glossary, p XX. 51 Canadian Health Law and Policy, Jocelyn Downie et al, Second Edition, 2002, p. 376. 52 Canadian Health Law and Policy, Jocelyn Downie et al, Second Edition, 2002, p. 376. WHO, Current Practices and Controversies in Assisted Reproduction, Report of a meeting on “Medical, Ethical and Social Aspects of Assisted Reproduction”, held at WHO Headquarters in Geneva, Switzerland, 17–21 September 2001, Current Challenges in Assisted Reproduction, Mahmoud F. Fathalla, pp. 3-12. 53 54 WHO, Current Practices and Controversies in Assisted Reproduction, Report of a meeting on “Medical, Ethical and Social Aspects of Assisted Reproduction”, held at WHO Headquarters in Geneva, Switzerland, 17–21 September 2001, The Latin American Registry of Assisted Reproduction, Fernando Zegers-Hochschild.

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