Difference between revisions of "Netherlands"

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|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=signed
 
|Treaty of Lisbon=signed
|Key laws and policies=* [http://www.minvws.nl/en/folders/ibe/2002/introduction-embryo-act.asp Act containing rules relating to the use of gametes and embryos (Embryos Act)] (July 1, 2002)
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|Introduction=
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|Key laws and policies=There is legislation to protect the embryo and guidelines for screening on embryos
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* Wet donorgegevens kunstmatige Bevruchting (Act on donor data artificial insemination): http://wetten.overheid.nl/BWBR0013642/geldigheidsdatum_21-01-2015
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* Embryowet (Law of 20 June 2002 laying down rules on gametes and embryo - Embryo Act): http://wetten.overheid.nl/BWBR0013797/geldigheidsdatum_21-01-2015
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* [http://www.healthlaw.nl/wmoeng1.html Act concerning medical research involving human subjects] (February 26, 1998)
 
* [http://www.healthlaw.nl/wmoeng1.html Act concerning medical research involving human subjects] (February 26, 1998)
* Commercial Surrogacy Act (November 1, 1993).<ref name=vanWijman/>
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* At the criminal level, certain provisions criminalize the commission of certain acts
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committed as part of a commercial surrogacy. The Dutch legislature's objective to fight against commercial surrogacy resulted in the introduction in 1993 of article
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151(b) in the Dutch Criminal Code. (See Act of 16 September 1993, Staatsblad 486).  
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|Foundational values=
 
|Prohibited practices=The Embryos Act prohibits:
 
|Prohibited practices=The Embryos Act prohibits:
  
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* Allowing an embryo to develop outside the human body for longer than 14 days
 
* Allowing an embryo to develop outside the human body for longer than 14 days
 
* Implanting a chimeric embryo into a human or animal, or allowing one to develop longer than 14 days
 
* Implanting a chimeric embryo into a human or animal, or allowing one to develop longer than 14 days
|Permitted and regulated practices=Donation of embryos left over from fertility treatment for research is permitted under the 2002 Act. Such research "must be of medical importance. If there are alternative methods, they must be used."<ref name=min>Ministry of Health, Welfare and Sport, "[http://www.minvws.nl/en/folders/ibe/2002/introduction-embryo-act.asp Embryo Act Documentation]" (October 24, 2005)</ref>
 
  
Commercial surrogacy is generally prohibited by the Commercial Surrogacy Act. More accurately, the professional mediation and arrangement of surrogacy is prohibited, as opposed to the actual act.<ref name=vanWijman>Frans C. B. van Wijman and Guido M. W. R. de Gert, "Genetics and Artificial Procreation in the Netherlands," in ''[http://books.google.com/books?id=kVlSzctpFUUC&printsec=frontcover Biomedicine, the Family and Human Rights]'', Marie Thérèse Meulders-Klein, Ruth Deech, Paul Vlaardingerbroek (Eds.) Springer (2002), pp. 288-289</ref>
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Commercial surrogacy is generally prohibited by the Dutch Criminal Code.  
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|Permitted and regulated practices=Donation of embryos left over from fertility treatment for research is permitted under the 2002 Act. Such research "must be of medical importance. If there are alternative methods, they must be used."
  
 
PGD is only allowed if there is a high risk of a serious genetic disease, but there seems to be a tendency to allow testing for a more extensive range of diseases than in the past.<ref name=expat> "[http://www.expatica.com/nl/articles/news/Dutch-MPs-agree-on-embryo-testing.html Dutch MPs agree on embryo testing]," Radio Netherlands / Expatica (July 4, 2008)</ref>
 
PGD is only allowed if there is a high risk of a serious genetic disease, but there seems to be a tendency to allow testing for a more extensive range of diseases than in the past.<ref name=expat> "[http://www.expatica.com/nl/articles/news/Dutch-MPs-agree-on-embryo-testing.html Dutch MPs agree on embryo testing]," Radio Netherlands / Expatica (July 4, 2008)</ref>
 
|Regulatory activities=All research programs must be approved by the [http://www.ccmo-online.nl/main.asp?pid=1&taal=1 Central Committee on Research involving Human Subjects (CCMO)]."<ref name=min/>
 
|Regulatory activities=All research programs must be approved by the [http://www.ccmo-online.nl/main.asp?pid=1&taal=1 Central Committee on Research involving Human Subjects (CCMO)]."<ref name=min/>
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|Accountability and governance=
 
|History=The creation of embryos for research was prohibited by the 2002 Act for a period of three to five years, "after which a decision will be taken on whether to lift the ban so that creating embryos for research purposes may be allowed subject to extremely strict conditions."<ref name=min/>
 
|History=The creation of embryos for research was prohibited by the 2002 Act for a period of three to five years, "after which a decision will be taken on whether to lift the ban so that creating embryos for research purposes may be allowed subject to extremely strict conditions."<ref name=min/>
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|External links=* European Union,  A comparative study on the regime of surrogacy in EU Member States'
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European Parliament, manuscript completed in May 2013. (Available at http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/474403/IPOL-JURI_ET%282013%29474403_EN.pdf, accessed 22 February 2015).
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>  
 
<references/>  
 
[[Category:Country]]
 
[[Category:Country]]

Revision as of 09:13, 22 February 2015