:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/TQI3G2HHMVGY3G2JM6HD3GVSLU.jpg "Embryo cryopreservation, the debate under the gaze of three reproductive medicine experts 1")
What is the medical protocol followed with the frozen embryos? What is your Status when stored in fertility centers? What to do in case of request embryo rejection not implanted?
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The debate that should have and should still settle the Congress of the Argentine Nation through the legislation of a norm of order again earringreturned to center stage, when it was learned that the Supreme Court of Justice of the Nation will meet in the coming weeks to discuss the matter in open court.
This is a problem that touches sensitive edges in the fields of health, science and bioethics. These days it has been brought back into the limelight when the case of a couple who decided during a family screening to cryopreserve embryos to have babies came to light, but after their separation they went to a fertility clinic to have them thrown out. They are no longer together and they have decided to reconsider the family decision they had made.
The couple managed to implant two embryos from which a baby girl was born. And they decided to keep three more. But three years later the couple broke up and they went to the clinic asking for those embryos to be thrown away as they weren’t going to resume their relationship or try for more children so they didn’t want to. continue with the cryopreservation which also involved an annual payment in dollars.
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The clinic refused to throw away the embryos and explained to them in which cases it had stipulated to terminate the contract. and asked them judicial authorization advance in the discard pile. Then the matter was pursued and went through two instances. In the first, a judge refused this possibility to the now ex-partner. But at second instance, the civil chamber overturned this decision, saying that the clinic could not oppose it. The decision has been appealed and the Supreme Court of Justice must now make the final decision.
“From embryology, an embryo, depending on its state, always has the condition of being implanted. An embryo has a probability of generating a newborn. Article 19 of the Civil Code states that life begins from the moment of conception. Thus, frozen embryos are embryos that have the potential to be people in the future. To generate an embryo, an egg is fertilized. And what is in the cryopreserved bank is already life, with the cell division that it has begun to do. At the time of freezing, which occurs on the fifth day after the union of the egg with the sperm, the embryo already has 120 cells that were reproducing up to that time,” he told GlobeLiveMedia the doctor Fernando NeuspillerPresident and Founder of WeFIV, Center for Reproductive Medicine.
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Given the lack of legislation, the expert clarified that other options could be assessed. “From my point of view, it is painful to thaw an embryo to throw it away. they could Be part of a national embryo bank in a public hospital to be assigned to couples unable to conceive. There are countless options for them to survive and not end up in the trash. As a clinic, we ask judicial authorization since opinions are divided and there is no legislation to followadded the expert specializing in assisted reproduction techniques for 25 years.
The fertility doctor Sergio Pasqualini (MN 39914) had explained to GlobeLiveMedia that “all the embryos generated are intended for assisted fertilization treatments, and not for other types of use than reproduction”. And after acknowledging that “there are more than those transferred and frozen” he felt that “a law is needed who says what to do with these embryos that have no definite destiny”.
“There is a difference between the post-implantation embryo and the pre-implantation embryo and it is the status of ‘person’ which is acquired after implantation in the womb. This has been determined by the Inter-American Court of Human Rights in the Artavia Murillo judgment and, in this sense, local legislation should disappear,” he said.
For its part, Dr. Stella Lancubapresident of the Argentine Society of Reproductive Medicine (SAMeR), told GlobeLiveMedia that “the fertility centers that transmit data to SAMeR are on hold. They keep the embryos frozen until there is a regulatory framework, it being understood that decisions on cryopreserved embryos correspond to the autonomous criteria of the people”.
“In the data they provide (the couple that performs the fertilization treatment), there is the figure of the embryonic abandonment. The centers understand that this decision is beyond their powers, a situation that perpetuates abandonment and requires a social and legislative solution,” he said.
Lancuba explained that, for example, Japan returns the embryos to research if after three years of freezing, the future parents do not renew their maintenance or if the patient exceeds the childbearing age. The United States and Brazil have similar regulations, so it is proposed to analyze the possibility of diverting embryos abandoned in Argentina to the national scientific stem cell research system, within the corresponding legal framework.
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