Revision as of 05:27, 31 May 2015 by Sonia Allan
Key laws and policies
- Regulation on Assisted Reproduction, Decree No. 24029-S (February 3, 1995)
Costa Rica prohibits:
- reproductive cloning
- research cloning
- inheritable genetic modification
- Costa Rica maintains laws that prohibit IVF, based on the view that embryos have a right to life.
- In November 2012, the Inter-American Court of Human Rights considered such laws in light of their legality, legitimate aim, appropriateness, necessity and proportionality. (See Murillo et al. v. Costa Rica - summary available here: http://www.interights.org/murillo-v-costa-rica/index.html)
The ICHR held that
- the constitutionality of such laws could be upheld, (legal)
- given the constitution emphasized that life was 'inviolable' it was legitimate to take measures to protect it, (legitimate)
- given the interest in the right to life it was appropriate to impose controls over the practice of IVF. (necessary)
- however, an absolute ban on IVF violates the right to privacy, the right to family and the right to personal integrity and the restriction could be lessened "through some other form of regulation that could produce results that more closely resemble the natural process of conception such as a regulation that diminishes the number of fertilized ovules." (Current laws were not proportionate).
- The ICHR therefore granted Costa Rica until December 20, 2013 to enact a law regulating the subject.
- In 2014, while there have been a number of bills presented in parliament, none have passed the parliamentary process, and no such laws have been enacted.
- It is reported that 22 couples have brought claims against the government for their failure to enact such laws, and a new ombudsman has undertaken to speak on the matter (see http://www.ticotimes.net/2014/10/14/next-up-for-new-ombudswoman-monserrat-solano-costa-ricas-inaction-on-in-vitro-fertilization)
If/when laws are enacted in Costa Rica, it is likely that such laws would permit IVF in very limited circumstances.