Peru

From BioPolicyWiki
Jump to: navigation, search
Peru
Flag of peru.png
Information
Region Latin America
Population 28674757
GDP (millions USD) 109,069
National Policies
Eggs for assisted reproduction no policy
Eggs for research ?
Inheritable genetic modification PROHIBITED
Preimplantation genetic diagnosis no policy
Reproductive cloning PROHIBITED
Research cloning PROHIBITED
Sex selection ?
Surrogacy ?
International Agreements
2005 UN Cloning Vote no vote
2005 UNESCO Sports Doping Convention RATIFIED


Contents

Key laws and policies

Prohibited practices

Article 7 of the General Health Law prohibits:

  • Fertilization of human oocytes other than for procreation
  • Reproductive cloning of human beings[1]

The prohibition on inheritable genetic modification is implicit.

Posthumous use of gametes is not permitted.

Permitted and regulated practices

Egg and sperm donation, pre-implantation genetic diagnosis, and surrogacy are not covered by guidelines or national law, but are practiced.

Gestating mother and genetic mother must be the same person (for IVF): Ley General de Salud No. 26842 [General Health Law No. 26842], Art. 7 (Peru).


History

Surrogacy

Generally the birth mother is considered the mother of a child regardless of agreement, and she is permitted to change her mind.


However, in a case heard in the Supreme Court regarding a commercial surrogacy arrangement, a surrogate mother was not permitted to keep the baby when she and her partner changed their mind. The judge found that the surrogate mother lacked good character, having "sold" her baby and that the interests of the child were that the commissioning persons should have custody. (See http://udep.edu.pe/derecho/index.php?id_cont=5019.)

[edit] References

  1. UNESCO, "National Legislation Concerning Human Reproductive and Therapeutic Cloning," (July 2004).