Some Ethical and Legal Aspects of Assisted Reproduction

Overview

Methods of assisted reproduction work with gametes and embryos outside the human body. New possibilities arising from this fact are not sufficiently elaborated by the law (with the exception of donorship of gametes). Therefore the basis of the physician´s and embryologist´s approach to the solution of the situation resulting from new methods are to a major extent ethical attitudes. By separating the embryo from the mother´s body changes the hitherto common practice, that only the mother who has the embryo in her body decides on the embryo. On embryos in assisted reproduction decide both parents. The embryo, as a unique future human being, is defined at the moment when the sperm penetrates into the oocyte. It is probably impossible in the contemporary legal code to give rights to the embryo. We can, however, reflect the interest of the embryo in our activity. We feel that this is the activity which enables the embryo to proceed in its development. Before the treatment by methods of assisted reproduction is started, it is essential to obtain the unequivocal consent of both partners with the suggested treatment, incl. instructions what to do with possible excessive embryos. The authors present an example how this consent should be worded.

Key words:
assisted reproduction - gamete - embryo - ethics - rights.