22
own children.” 84 This right may only be exercised by married couples or couples who “live publicly
as if they were husband and wife and have no impediment to prevent them from marrying each
other.” 85
104.
with changes
considered or
protecting the
Canada, for example, has had an Assisted Human Reproduction Act since 2004,
and additions introduced in 2007. A number of countries of this hemisphere have
are considering a law or statute to regulate in vitro fertilization, with the idea of
interests of infertile couples and of the children born by this method. 86
105. Brazil has resolutions adopted by the Federal Medical Board 87 and legislative bills. 88
Argentina and Mexico proposed legislative measures to permit and regulate in vitro fertilization. In
Mexico and Brazil, assisted reproductive techniques are offered to married couples or unmarried
couples living in a stable relationship. 89
106. Chile is one of the few countries that have enacted laws on in vitro fertilization and
embryonic transfer. Its provisions include the following: 90
In vitro fertilization (IVF) and embryonic transfer (ET) are a set of complex procedures,
undergoing constant development, that pulls together sophisticated progress in gynecology
and obstetrics and make it possible to fertilize an egg in an artificial medium; after the embryo
develops for two or three days, it is implanted in the uterine cavity, so that the pregnancy has
a chance to evolve into a healthy and living newborn.
These procedures are one more therapeutic modality whose ultimate purpose is to solve the
problem faced by childless couples who, because of various afflictions and situations inimical
to the natural development of life, are unable to conceive.
For the moment, the solution to these situations, which prevent spontaneous and natural
conception, is the IVF and ET developed by science as a means to enable childless couples to
beget their own child […]
107. The law also specifies that all normal, fertilized eggs must be transferred to the
mother and prohibits “the freezing of embryos for transfer at a later date, much less for research.” 91
108. In addition to the situation in the region, in terms of comparative law the IACHR
observes that the Constitutional Court of Germany recognizes the right to life from the moment of
conception and has expressly held that protection of this right must be weighed against the
84
Tabasco State Civil Code, Article 165, paragraph 2, published on April 9, 1997.
85
Tabasco State Civil Code, Article 165, paragraph 2, published on April 9, 1997.
86
Amicus Curiae brief presented by the Yale University Law School’s Allard K. Lowenstein International Human
Rights Clinic, September 26, 2005, p. 8.
87
Resolution 1358/92 of the Federal Medical Board, Resolution 340 of the National Council on Health. Also, while
Law 11,106, approved in 2005, is a bio-safety law, it also includes references to in vitro fertilization.
88
Inter-American Institute of Human Rights, Reproducción Asistida, género y derechos humanos en América Latina,
Florencia Luna, p. 49.
89
Inter-American Institute of Human Rights, Reproducción Asistida, género y derechos humanos en América Latina,
Florencia Luna, p. 49
90
Republic of Chile, Ministry of Health, Republic of Chile, Ministry of Health, Normas Aplicables a la Fertilización in
Vitro y la Transferencia Embrionaria [Rules Applicable to In Vitro Fertilization and Embryo Transfer], Exempt Decree No.
1072, Santiago, June 28, 1985.
Republic of Chile, Ministry of Health, Normas Aplicables a la Fertilización in Vitro y la Transferencia Embrionaria
[Rules Applicable to In Vitro Fertilization and Embryo Transfer], Exempt Decree No. 1072, Santiago, June 28, 1985.
91