Key laws and policies
- General Health Law (Ley General de Salud) No. 26842 (1997)
Article 7 of the General Health Law prohibits:
- Fertilization of human oocytes other than for procreation
- Reproductive cloning of human beings
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).
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.)
- UNESCO, "National Legislation Concerning Human Reproductive and Therapeutic Cloning," (July 2004).