Portugal

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Portugal
Portugal.png
Information
Region Europe
Population 10848692
GDP (millions USD) 223,303
National Policies
Eggs for assisted reproduction permitted
Eggs for research ?
Inheritable genetic modification PROHIBITED
Preimplantation genetic diagnosis social uses prohibited
Reproductive cloning PROHIBITED
Research cloning PROHIBITED
Sex selection ?
Surrogacy PROHIBITED
International Agreements
1997 COE Biomedicine Convention RATIFIED
1998 COE Cloning Convention RATIFIED
2005 UN Cloning Vote YES
2005 UNESCO Sports Doping Convention RATIFIED
2007 Treaty of Lisbon RATIFIED


Contents

Key laws and policies

  • Law Concerning Medically Assisted Reproduction Portugal, law number 32/2006, [1] regulates assisted reproductive treatments and research on embryos.

Foundational values

The National Council of Ethics for the Life Sciences (CNEV) stated in a 1997 Opinion (reiterated in 2006) that human cloning is ethically unacceptable due to the problems it raises concerning human dignity, the equilibrium of the species, and life in society.

Prohibited practices

The following are prohibited:

  • Reproductive cloning
  • The use of assisted reproduction techniques for sex selection, except in the case of sex-linked genetic diseases
  • The use of assisted reproduction techniques to create chimeras or hybrids, and the use of preimplantation genetic diagnosis techniques in the case of multifactorial diseases where the predictive value of the genetic test is very low (Sec. 7)
  • Surrogate motherhood whether for payment or otherwise is not recognized; the woman who undergoes pregnancy being deemed, for all legal purposes, to be the mother (Sec. 8)
  • The use of assisted reproduction techniques for the express purpose of creating embryos for research

In addition, Portugal's ratification of the Council of Europe's Convention on Biomedicine and the Additional Protocol Regarding Human Cloning commits it to prohibitions on somatic genetic enhancement and inheritable genetic modification.

Permitted and regulated practices

  • Assisted reproductive techniques have to be considered to be subsidiary and not an alternative method of procreation.
  • Assisted reproduction may only be used in the case of infertility, or in order to treat a serious disease or prevent the risk of transmission of genetic, infectious, or other diseases (Sec. 4).
  • Assisted reproduction may only be practiced in public or private centers expressly authorized for the purpose by the Ministry of Health (Sec. 5).
  • Only persons who are married or who have been partners in an equivalent relationship for at least two years, who are not of the same sex, who are at least 18 years old, who are not subject to guardianship, and who are not mentally disabled may have recourse to MAR (Sec. 6).
  • Scientific research with embryos is permitted for the purposes of prevention, diagnosis, or therapy, the improvement of assisted reproduction techniques, and the constitution of stem cell banks for transplantation or other therapeutic objectives. Such research is subject to the decision of the National Council for Medically Assisted Procreation (Sec. 9).
  • Use may be made of donated sperm, oocytes, and embryos where, in the light of current scientific knowledge, it is not possible for a woman to become pregnant by any other means and where the quality of gametes can be assured (Sec. 10).
  • PGD may not be used in the case of multifactorial diseases where the predictive value of the genetic test is very low.
  • Scientific research with embryos is permitted for the purposes of prevention, diagnosis, or therapy, the improvement of MAP techniques, and the constitution of stem cell banks for transplantation or other therapeutic objectives.
  • Donation of eggs, sperm, and embryos is permitted "where, in the light of current scientific knowledge, it is not possible for a woman to become pregnant by any other means and where the quality of gametes can be assured."


History

Note: At present, the Ministry of Justice is preparing a law concerning co-adoption by couples of the same sex. As regards surrogacy, the Parliament is discussing a law that will allow altruistic surrogacy in some specific cases and will amend Law n. 32/2006.

[edit] References