Difference between revisions of "Belgium"

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|Treaty of Lisbon=signed
 
|Treaty of Lisbon=signed
 
|Introduction=
 
|Introduction=
|Key laws and policies=* Law on Research into Embryos ''in Vitro''<ref name=penn>G. Pennings, "[http://www.springerlink.com/content/g813j85g5p720m72/ New Belgian Law on Research on Human Embryos]," ''Journal of Assisted Reproduction and Genetics,'' Vol. 20, No. 8, August 2003 [subscription required]</ref>
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|Key laws and policies=* Law on Research into Embryos ''in Vitro''
* Law on Medically Assisted Reproduction and the Disposition of Supernumerary Embryos and Gametes<ref name=penn2>G. Pennings, "[http://www.springerlink.com/content/g813j85g5p720m72/ Belgian law on medically assisted reproduction and the disposition of supernumerary embryos and gametes]," ''European Journal of Health Law,'' Vol. 14, No. 3, November 2007 [subscription required]</ref> ([http://www.lachambre.be/FLWB/pdf/51/2567/51K2567005.pdf Projet de loi relative à la procréation médicalement assistée et à la destination des embryons surnuméraires et des gamètes/Wetsontwerp betreffende de medisch begeleide voortplanting en de bestemming van de overtallige embryo's en de gameten]) 3-1440 (July 6, 2007)
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* Law on Medically Assisted Reproduction and the Disposition of Supernumerary Embryos and Gametes ([http://www.lachambre.be/FLWB/pdf/51/2567/51K2567005.pdf Projet de loi relative à la procréation médicalement assistée et à la destination des embryons surnuméraires et des gamètes/Wetsontwerp betreffende de medisch begeleide voortplanting en de bestemming van de overtallige embryo's en de gameten]) 3-1440 (July 6, 2007)
|Foundational values=The Law on Research into Embryos law expresses a belief in the importance of freedom of research and the acceptance of ethical pluralism in society.
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|Foundational values=The Law on Research into Embryos expresses a belief in the importance of freedom of research and the acceptance of ethical pluralism in society.
|Prohibited practices=The Law on Research into Embryos prohibits
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|Prohibited practices=The Law on Research into Embryos prohibits:
* reproductive cloning
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* Reproductive cloning
* conducting research or treatment for eugenic purposes, i.e. PGD or genetic modification for enhancement or for social purposes
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* Conducting research or treatment for eugenic purposes, i.e. PGD or genetic modification for enhancement or for social purposes
* sex selection for nonmedical purposes
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* Sex selection for non-medical purposes
* using embryos, gametes and embryonic stem cells for commercial purposes
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* Using embryos, gametes, and embryonic stem cells for commercial purposes
* placing human embryos in animals
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* Placing human embryos in animals
* creating chimeras or hybrids
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* Creating chimeras or hybrids
* placing embryos on which research has been conducted in humans, except when the research had a therapeutic benefit for the embryo itself or when it concerns an observation method that does not harm the embryo’s integrity
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* Placing embryos on which research has been conducted in humans, except when the research had a therapeutic benefit for the embryo itself or when it concerns an observation method that does not harm the embryo’s integrity
  
Commercial surrogacy is prohibited on public policy grounds
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Commercial surrogacy is prohibited on public policy grounds.
 
|Permitted and regulated practices=The Law on Research into Embryos appears to affirm all types of research directed at therapeutic purposes and increased medical knowledge. Implicitly, the creation of embryos for research is also allowed.
 
|Permitted and regulated practices=The Law on Research into Embryos appears to affirm all types of research directed at therapeutic purposes and increased medical knowledge. Implicitly, the creation of embryos for research is also allowed.
  
 
Couples seeking PGD must be seen by psychologists and counseled regarding the welfare of the future child, the family context, and parenting abilities before the procedure is approved.
 
Couples seeking PGD must be seen by psychologists and counseled regarding the welfare of the future child, the family context, and parenting abilities before the procedure is approved.
  
Research on embryos in vitro is allowed if
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Research on embryos in vitro is allowed if:
# the research has a therapeutic purpose or contributes to a better knowledge about fertility, infertility, organ and tissue transplantation, prevention or treatment of diseases
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# The research has a therapeutic purpose or contributes to a better knowledge about fertility, infertility, organ and tissue transplantation, and prevention or treatment of diseases.
# the research is founded on the most recent scientific findings and is conform the requirements of correct scientific methodology
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# The research is founded on the most recent scientific findings and conforms to the requirements of correct scientific methodology.
# the research is conducted in a licensed laboratory that is linked to an academic program for assisted reproduction or human genetics and is performed in appropriate technical and material conditions
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# The research is conducted in a licensed laboratory that is linked to an academic program for assisted reproduction or human genetics and is performed in appropriate technical and material conditions.
# the research is conducted under the supervision of a specialist or a qualified person
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# The research is conducted under the supervision of a specialist or a qualified person.
# the research is performed on embryos during the first 14 days of development, the period of freezing not included
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# The research is performed on embryos during the first 14 days of development, the period of freezing not included.
# There is no other research method that is equally efficient
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# There is no other research method that is equally efficient.
NB. Approval needed by local Institutional Review Board (IRB) and by Federal Commission for Embryo Research. Dual approval is needed.
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Note: Approval needed by local Institutional Review Board (IRB) and by Federal Commission for Embryo Research. Dual approval is needed.
  
  
* Gamete (sperm and eggs) and embryo donation for assisted reproduction is permitted (albeit generally anonymous, with some provision now for known donors)
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* Gamete (sperm and eggs) and embryo donation for assisted reproduction is permitted (albeit generally anonymous, with some provision now for known donors).
* Gamete donation is altruistic
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* Gamete donation is non-commercial  (although expenses made by the donor – e.g. travel costs or loss of income – must be reimbursed).
  
* Altruistic surrogacy is not regulated and therefore possible (nb. contracts are not enforceable and adoption is required to transfer legal parenthood; a small number of such arrangements occur in country each year)
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* Altruistic surrogacy is not regulated and therefore possible. (Note: Contracts are not enforceable and adoption is required to transfer legal parenthood; a small number of such arrangements occur in the country each year.)
|Regulatory activities=Assisted Reproductive Technology centers must obtain a license to practice, provide annual reports and work with one of eight human genetic centers established at the eight medical faculties in Belgium. The centers decide autonomously for which conditions and therapeutic purposes
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|Regulatory activities=Assisted Reproductive Technology centers must obtain a license to practice, provide annual reports, and work with one of eight human genetic centers established at the eight medical faculties in Belgium. The centers decide autonomously for which conditions and therapeutic purposes
(e.g. HLA-typing) they will offer PGD and to whom. <ref name=nippert>Dr. Irmgard Nippert, "[http://fes.indygfx.de/docs/nippert_eng_summ_internet_010207.pdf PGD in Belgium, France and the United Kingdom]," English-language summary of ''Präimplantationsdiagnostik: ein Ländervergleich,'' Friedrich-Ebert-Stiftung, Berlin, 2006</Ref>
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(e.g. HLA-typing) they will offer PGD and to whom.  
  
 
The Law on Research into Embryos requires that embryo research be approved by a local ethics committee of the academic institute and the Federal Commission for medical and scientific research on embryos in vitro. The Commission rules with a two-thirds majority.
 
The Law on Research into Embryos requires that embryo research be approved by a local ethics committee of the academic institute and the Federal Commission for medical and scientific research on embryos in vitro. The Commission rules with a two-thirds majority.
  
 
Every embryo researcher sends a report on the progress of his/her research to the Commission. This report includes:
 
Every embryo researcher sends a report on the progress of his/her research to the Commission. This report includes:
* the purpose, methodology and time period of the research
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* The purpose, methodology, and time period of the research
* the manner in which the provisions of the law were respected
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* The manner in which the provisions of the law were respected
* the advice of the local ethics committee  
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* The advice of the local ethics committee  
* the progress of the research
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* The progress of the research
  
The Commission also collects and centralizes information on the different projects on embryos in vitro, and issues recommendations for future legislative initiatives or other measures;
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The Commission also collects and centralizes information on the different projects on embryos in vitro and issues recommendations for future legislative initiatives or other measures.
 
|Accountability and governance=The Law on Research into Embryos requires that the Federal Commission for medical and scientific research on embryos in vitro reports to the legislative chambers.
 
|Accountability and governance=The Law on Research into Embryos requires that the Federal Commission for medical and scientific research on embryos in vitro reports to the legislative chambers.
 
|History=Belgium was one of the last countries in the European Union to regulate PGD and embryo research by law. Until 1999, PGD was permitted unregulated without license.
 
|History=Belgium was one of the last countries in the European Union to regulate PGD and embryo research by law. Until 1999, PGD was permitted unregulated without license.

Latest revision as of 20:59, 7 July 2015