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Is sex selection legal?
United Kingdom
British law says that parents are only able to select the sex of their child if there is a substantial risk that a gender-related genetic disease could be passed on. 'Family balancing', where the reasons for sex selection are social rather than medical, is not allowed at licensed clinics in the UK. However, private, unlicensed clinics are not breaking the law by offering sperm sorting.
Denmark
The national Danish law on sex selection came into force in June 1997. The law says, that the sex of the child cannot be chosen, unless it is done to prevent a serious gender-related hereditary disease.
Finland
At present, there are no specific regulations concerning the selection of sex. A fertility treatment law is being discussed in Parliament in 2002. The law will include regulations about sex selection for gender-related hereditary diseases or other medical factors.
France
In France, there are no explicit regulations concerning the selection of sex.
However, the law does permit a therapeutic abortion if a couple has a high risk of having a child with a gender-linked genetic disorder. This would apply to gender-linked disorders such as haemophilia. Although the gene is carried by females, the disease only shows in males.
Germany
In Germany, selecting an already existing embryo for its gender is prohibited by the 'Embryonenschutzgesetz' ('Law Protecting the Embryo'). This law applies even if the intention is to prevent a life-threatening disease.
Selecting the sex of your child by selecting particular sperm with which to fertilise an egg is also illegal, except to prevent a few special, very serious gender-related genetic diseases (e.g. Muscular Dystrophy). This applies whether sperm are used for IVF or artificial insemination.
Italy
To avoid a disequilibrium in the number of babies of a specific gender, sex selection of embryos is not legal. However, it is allowed if the embryo is at risk of sex-linked pathologies.
In fact, if the father suffers from a hereditary pathology linked to his sex, that is linked to his chromosome Y, the physician has to select healthy spermatozoa containing only the chromosome X, avoiding those that contain the chromosome Y.
Portugal
In Portugal, the Convention on Human Rights and Biomedicine (Oviedo Convention) came into force in December 2001. Article 14 of the Convention explicitly prohibits the use of medically assisted procreation techniques for the purpose of choosing a future child's sex, except where serious hereditary sex-related diseases are to be avoided.
Spain
In Spain, sex selection is only allowed for therapeutic reasons to avoid a gender-related disease. The 'Sentencia de Mataró' court case denied a mother with four sons the legal right to choose to have a baby daughter. This was one of a few judicial cases that applied to Law 35/ 1988 regarding human assisted reproduction techniques. At its time (1988), this law was innovative on a world scale and still enjoys wide social consensus. However, 14 years after its publication, some aspects of the law need revising.
European Union
There is no such thing as a European law on designing babies. The closest we can get to a general consensus is the Convention on Human Rights and Biomedicine of 1997, which forbids sex selection except for therapeutic reasons (article 14). The same recommendation is also given by several Ethics Committees at a European level. However, the Convention must be ratified by national Parliaments before it has the force of law in member states and this did not happen. Germany, Ireland and the UK did not sign or ratify it. Italy signed but did not ratify the Convention.
There are no EU directives concerning designing babies. However, the directive concerning the legal protection of biotechnological inventions (directive 98/44/EC, 6 July 1998) is sometimes used as an argument against any genetic modification.
Is selecting an embryo for its genes legal?
United Kingdom
At the moment in the UK, it is legal to select an embryo for its genes. A technique called Pre-implantation Genetic Diagnosis is used to screen for a handful of genetic diseases. Doctors select only healthy embryos and implant these into the mother's womb.
Denmark
The Danish law about artificial fertilisation says that genetic investigation (screening) of a fertilized egg can only be done in those cases where there is a known and substantial risk that the child will get a serious hereditary disease (Law of Artificial Fertilisation, 1997).
Furthermore, this law says that genetic investigation of a fertilized egg can only be done in cases of IVF treatment of couples unable to have children on their own. As the egg in those cases is outside the body, it is legal to screen for a chromosome abnormality.
Finland
At present, there are no specific regulations governing this issue and no such cases are known where embryos have been selected on the basis of their genes. However, the issue is continuously under debate due to its controversial ethical aspects. Generally speaking, Pre-implantation Genetic Diagnosis (PGD) is used very little in Finland.
France
If a couple has a high risk of having a child with a genetic disorder, they may choose to use the In Vitro Fertilisation process (IVF). The embryos can be screened and only healthy embryos are implanted into the mother. This is legal in France.
However, you cannot lawfully choose to have a blue-eyed child - for example.
Germany
Generally in Germany, the 'Embryonenschutzgesetz' ('Law Protecting the Embryo', which came into force in December 1990) only allows diagnosis or any analysis of an embryo if the aim is to implant the individual embryo with the intention of enabling pregnancy and birth.
But, there is a certain disagreement over how to interpret the 'Law Protecting the Embryo' regarding Pre-implantation Genetic Diagnosis (PGD). German law definitely does not allow PGD just a few days after fertilisation. This is because, at this stage of the fertilisation process, every cell of the embryo still has the ability to become a complete embryo again. Several experts think that this law might allow PGD later in the development of the embryo, yet still early enough to allow the embryo to be implanted into the womb.
Italy
Gene therapy and embryo selection procedures are allowed only to avoid the transmission of hereditary pathologies.
The article 13 specifically forbids every form of eugenetic selection of embryos and gametes. In particular, it forbids the selection, manipulation or artificial change of embryo or gamete genome, aimed at predetermining their genetic characteristics. However, it is allowed in diagnosis and therapy.
Portugal
There is no applicable law in Portugal. The status of the embryo and its consequent use in research have been discussed intensely several times. Several proposals of law have been presented but none of them have been successfull so far. It should be noted that this particular topic is very controversial in Portugal, because every time the use of embryos is discussed the topic of abortion comes up too and the debate instantly becomes very emotional.
Spain
In Spain, Pre-implantation Genetic Diagnosis to detect genetic diseases and abnormalities is a common and legal practice. The selection of embryos helps parents to have healthy children, which is one of the objectives behind using human assisted reproduction techniques.
European Union
There is no applicable EU law. The Convention on Human Rights and Biomedicine (1997) states that designing babies for anything other than therapeutic reasons is forbidden (article 14). This is also recommended by several Ethics Committees at European level. However, the Convention must be ratified by national Parliaments before it has the force of law in member states and this did not happen. Germany, Ireland and the UK did not sign or ratify it. Italy signed but did not ratify the Convention.
Is it legal to select a particular embryo to provide tissue for another person?
United Kingdom
In the UK, the human fertilisation and embryology authority (HFEA) announced it was prepared to allow a couple to select their future child's genes to save the life of their existing sick child. Pre-implantation Genetic Diagnosis was used to ensure their new baby was not only free from the genetic disease that affected his sister, but also a tissue match. This enabled doctors to provide tissue from the placenta to cure his sister. In the future, the HFEA will review the merits of each case.
Denmark
There is no specific law about this in Denmark. But the law on artificial fertilisation states that it is only legal to select an egg if there is a risk of a known hereditary disease. Consequently, it is illegal to select a particular embryo to provide tissue for another person (Law of Artificial Fertilisation, 1997).
Finland
For now, there have been no cases in Finland in which embryos have been selected on the basis of their genes in order to produce a perfect match to cure an existing disease. However, this issue is continuously under debate due to its controversial ethical aspects. Generally speaking, pre-implantation genetic diagnosis (PGD) is used very little in Finland.
France
So far, French law has not made it illegal to use stem cells an embryo to cure another person's disease. French Parliament debate over all types of stem cell research is ongoing and strong.
As yet, there have been no cases in France where an embryo has been selected for its genes, in order to produce a perfect match to cure a relative's disease.
Germany
In Germany, it is illegal to investigate an embryo for any reason except for its own benefit. Therefore, a case like the one in the UK, where an embryo with particular genes was chosen to save the life of a sick sibling would definitely be illegal in Germany.
Italy
No. In Italy, assisted procreation has the only aim to solve reproductive problems deriving from human sterility or infertility.
In fact, assisted procreation aims at ensuring equal rights to Italian population and, in particular, to the newborn.
Furthermore, law punishes every kind of marketing, importing and exporting, of gametes and embryos.
Portugal
There is no applicable law in Portugal.
Spain
There is no specific, applicable law nor have there been test cases on this matter in Spain. However, it is generally accepted that it is not illegal to select a particular embryo to provide tissue so long as the rights of the newborn child are always guaranteed. Like any individual the newborn would of course have his or her fundamental rights protected by the state.
European Union
There is no applicable EU directive.
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