Legal opinion on a Government bill on medical treatment of infertility Cover Image

Opinia prawna na temat rządowego projektu ustawy o leczeniu niepłodności
Legal opinion on a Government bill on medical treatment of infertility

Author(s): Jan Lipski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: children; in vitro; constitution; health protection; bill

Summary/Abstract: The bill, to the extent to which it (in most of the cases) do not limit the number of human embryos created in the in-vitro procedure does not comply with the provisions of the Constitution of the Republic of Poland. The bill involves the outright separation of human embryos into capable and incapable of developing normally and permits destruction of embryos placed in the second group, and does not provide for any formal procedure of assessment of that “capability”. Nor does it guarantee that the donors of reproductive cells (parents) can influence the decision to destroy the embryo. The bill is also incompatible with the Constitution to the extent to which it does not prohibit the use of supernumerary human embryos for experimental or industrial purposes and to the extent to which it allows the identification and selection of embryos to be transferred to the mother’s body. Provisions of the bill excessively restrict the right of children conceived through in-vitro fertilization to know their genetic origin.

  • Issue Year: 2015
  • Issue No: 4
  • Page Range: 126-163
  • Page Count: 31
  • Language: Polish