Analysis of the New Act 14/2006, May 26, about Assisted Human Reproduction Techniques. A First Glance about its Content

Abstract

In the present study, an analysis will be made of the contents of Law 14/2006, dated May 26 on assisted human reproduction techniques, which implies a derogation of Law 35/1988, dated November 22 and Law 45/2003, of November 21. In the study, techniques are determined for assisted human reproduction which the present norm establishes using more open criteria, by enumerating them according to the state of the science and clinical practice which can be used at present, putting special emphasis on preimplantational genetic diagnosis. Timely reference is also made to information and to the documental moulding of the corresponding consent which the application of such techniques demand. At the same time, on one hand, the possible destinations are analysed of the crioconserved preembrions, as well as the conserved semen, ovocites and ovaric tissue, emphasizing the elimination of the limits established in Law 45/2003, for the generation of ovocites in each reproductive cycle. On the other hand, the use and investigation of the gametes and surplus human preembrions proceeding from the application of assisted reproduction techniques, as well as their conservation in corresponding centers of assisted reproduction. Reference is also made to donors and the donation contract, and the legal determination of filiation which such techniques imply with respect to children born, to the husband as well as the single male, also to the effects which such techniques may raise in relation to the prior death of the husband or male not united in marriage. Reference is made to the important assessor role of the National Commission of Assisted Human Reproduction and the creation of the Registry of donors and the Registry of activities of the centers for assisted human reproduction. And finally, the study includes a revision of two important foreign norms close to our own such as the Italian law of February 19, 2004 on «norms regarding assisted medical procreation,» and the French law number 2004-800 of August 6, 2004 «in relation to bioethics.»