Download pdf - Laws Around the World

8/2/2019 Laws Around the World

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Laws Around The World

Assisted ReproductiveTechnologies and

Preimplantation diagnosis and

PreNatal Diagnosis


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In response to the development of PGD, several countries passedlaws to limit its use. Motivations to establish a process to considerthe full ethical, legal, and social implications of this emergingtechnology, to ban it outright, or restrict its application, centeredaround a common recognition of the eugenic nature of PGD. Some

countries, including Germany, Austria, Ireland, Switzerland, andWestern Australia, outright banned the procedure for any use.Others, such as the United Kingdom, France, the Netherlands,Belgium, Italy, and Greece, chose to limit the use of PGD to anarrow range of applications, and in some cases, such as the UnitedKingdom, establish a process for considering future applications of

the technology. In the United States, however, no such law orregulatory process has been enacted to limit the use of PGD.


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In Australia, the regulation of assisted reproductive technologies (ART), aswell as PGD, is complex and not uniform among the different states. Forexample, PGD is allowed under strict conditions in all Australian statesexcept Western Australia.

The AHR Act, provides the regulations and licensing framework for the useof PGD in Canada. The Assisted Human Reproduction Agency of Canada(AHRAC), created under the AHR Act, is in charge of renewing, amending,suspending or revoking licenses regarding PGD. However, the agency is notyet in operation. PGD is also permitted under professional guidelines inCanada.

The Ministry of Health in Germany, under their regulations and guidingprinciples on human assisted reproductive technologies, has also bannedsex selection for non-medical purposes, as well as the commercial use ofgametes, zygotes, and embryos.


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In India PGD is prohibited except to detect specific genetic and chromosomalabnormalities or sex-linked genetic disorders. The Law on Pre-natal DiagnosticTechniques provides the prohibition of sex selection, before or afterconception, and aims to prevent sex determination leading to femalefoeticide. Therefore, sex selection for cultural reasons and for familybalancing is banned in India

PGD is permitted in France for the selection of healthy embryos when a parentor other close relative has a serious genetic disease. PGD to provide a tissuematch for an ill sibling is also allowed. However, PGD for sex selection is onlyallowed for medical reasons and prohibited for cultural reasons or for family

balancing. PND is permitted under French law, but it should be noted that allassisted reproductive technologies are only accessible to heterosexual coupleswho are of age to procreate and are married or have lived together for at leasttwo years prior to the reproductive procedure. Violators of the law aresanctioned by imprisonment, fines, or revocation of licenses.


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The ASRM in USA believes that PGD should be regarded as an established

technique with specific and expanding applications for standard clinical

practice. ASRM also states that, while the use of PGD for the purpose of

preventing sex-linked diseases is ethical, the use of PGD solely for sex

selection is discouraged.

The Ministry of Health in China, under their regulations and guiding

principles on human assisted reproductive technologies, has also banned

sex selection for non-medical purposes, as well as the commercial use of

gametes, zygotes, and embryo.