[In vitro fertilization. The first gene check after fertilization?].
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The article summarises the procedure for cloning human cells to obtain tissues for transplants and comments on the therapeutic possibilities. It discusses the ethical objections raised against the creation of embryos for this purpose, based on the fact that the resulting embryos are destroyed in the process of obtaining the stem cells. However, the author argues in favour of the depenalisation of the procedure, considering that the objections, although deserving of respect from the moral standpoint, are insufficient to warrant prohibition, particularly in view of the therapeutic potential of this cloning technique. Lastly, depenalisation would be consistent with the treatment given by Spanish law to preimplantation diagnosis and to the obtaining of embryos for in vitro fertilisation treatment.
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Australia's scientific expertise in ART has not been matched by similar standards in national regulation. Scientific breakthroughs in the early 1980s were followed by cohorts of State and national inquiries. Early guidelines by the National Health and Medical Research Council were followed by status of children legislation clarifying their parentage where donated gametes were used. The practice and procedure of ART was legislatively regulated in Victoria, Western Australia and South Australia but left to guidelines and accreditation of the Fertility Society of Australia in the remaining States and Territories. The article examines the consequences of an absence of national regulation in dealing with embryo experimentation now that debates have shifted to human cloning and stem cell technology. The article also considers arguments for and against regulation in areas of parental procreative decision-making and embryo experimentation.
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Due to the possibility of storing gametes and pre-embryos, conflicts over the use of pre-embryos and post mortem insemination have found their way into the courts. Case law allows parties to conclude an agreement as to the destination of their pre-embryos in case of divorce or death. These agreements shall be presumed binding. However, if the agreement leads to forced procreation, this will not be allowed. If there is no agreement, or no agreement that can be enforced, the Davis rule will be applied: the right to procreate and the right to avoid procreation will be balanced against each other. If post mortem procreation is not prohibited, the role of a third party, i.e. the doctors or the future child, should also be taken into account.
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