Difference between revisions of "Portugal"

From BioPolicyWiki
Jump to: navigation, search
Line 21: Line 21:
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=RATIFIED
 
|Treaty of Lisbon=RATIFIED
|Key laws and policies=* Law Concerning Medically Assisted Reproduction ([http://www.dre.pt/pdfgratis/2006/07/14300.pdf Procriação medicamente assistida]), No. 32 (2006)<ref name=who>WHO, "[http://www.who.int/idhl-rils/results.cfm?language=english&type=ByIssue&intDigestVolume=57&intIssue=4&strTopicCode=XIA International Digest of Health Legislation]," accessed on July 8, 2008</ref>
+
|Introduction=
 +
|Key laws and policies=* Law Concerning Medically Assisted Reproduction Portugal, law number 32/2006 [http://www.fd.unl.pt/docentes_docs/ma/tpb_MA_4022.pdf] regulates assisted reproductive treatments and research on embryos.
 
|Foundational values=The [http://www.cnecv.gov.pt/cnecv/en/ National Council of Ethics for the Life Sciences (CNEV)] stated in a 1997 [http://www.cnecv.gov.pt/NR/rdonlyres/777F41D6-781E-43E5-B666-FFA1B306B3FD/0/p021_en.pdf Opinion] (reiterated in [http://www.cnecv.gov.pt/NR/rdonlyres/770EA390-9326-4FF9-B28D-D70A7E9AD961/0/p048_en.pdf 2006]) that human cloning is ethically unacceptable due to the problems it raises concerning human dignity, the equilibrium of the species and life in society.
 
|Foundational values=The [http://www.cnecv.gov.pt/cnecv/en/ National Council of Ethics for the Life Sciences (CNEV)] stated in a 1997 [http://www.cnecv.gov.pt/NR/rdonlyres/777F41D6-781E-43E5-B666-FFA1B306B3FD/0/p021_en.pdf Opinion] (reiterated in [http://www.cnecv.gov.pt/NR/rdonlyres/770EA390-9326-4FF9-B28D-D70A7E9AD961/0/p048_en.pdf 2006]) that human cloning is ethically unacceptable due to the problems it raises concerning human dignity, the equilibrium of the species and life in society.
|Prohibited practices=The 2006 Law Concerning Medically Assisted Reproduction prohibits:
+
|Prohibited practices=The following are prohibited:  
 +
* reproductive cloning;
 +
* the use of assisted reproduction techniques for sex selection, except in the case of sex-linked genetic diseases;
 +
* the use of assisted reproduction techniques to create chimeras or hybrids; and the use of preimplantation genetic diagnosis techniques in the case of multifactorial diseases where the predictive value of the genetic test is very low (Sec. 7).
  
* Reproductive cloning
+
* Surrogate motherhood whether for payment or otherwise is not recognized; the woman who undergoes pregnancy being deemed, for all legal purposes, to be the mother (Sec. 8).
* Social sex selection
+
 
* The creation of embryos for research
+
* The use of assisted reproduction techniques for the express purpose of creating embryos for research is prohibited.
* The creation of chimeras or hybrids
+
  
 
In addition, Portugal's ratification of the [[Council of Europe|Council of Europe's]] Convention on Biomedicine and the Additional Protocol Regarding Human Cloning commits it to prohibitions on somatic genetic enhancement and inheritable genetic modification.
 
In addition, Portugal's ratification of the [[Council of Europe|Council of Europe's]] Convention on Biomedicine and the Additional Protocol Regarding Human Cloning commits it to prohibitions on somatic genetic enhancement and inheritable genetic modification.
|Permitted and regulated practices=According to 2006 Law Concerning Medically Assisted Reproduction:<ref name=who/>
 
  
* PGD may not be used in the case of multifactorial diseases where the predictive value of the genetic test is very low.
 
  
* Surrogate motherhood whether for payment or otherwise is not recognized, the woman who undergoes pregnancy being deemed, for all legal purposes, to be the mother.
+
|Permitted and regulated practices=* Assisted reproductive techniques have to be considered to be subsidiary and not an alternative method of procreation.
 +
 
 +
* Assisted reproduction may only be used in the case of infertility or in order to treat a serious disease or prevent the risk of transmission of genetic, infectious, or other diseases (Sec. 4).
 +
 
 +
* Assisted reproduction may only be practiced in public or private centers expressly authorized for the purpose by the Ministry of Health (Sec. 5).
 +
 
 +
* Only persons who are married or who have been partners in an equivalent relationship for at least two years, who are not of the same sex, who are at least 18 years old, who are not subject to guardianship, and who are not mentally disabled may have recourse to MAR (Sec. 6).
 +
 
 +
* Scientific research with embryos is permitted for the purposes of prevention, diagnosis, or therapy, the improvement of assisted reproduction techniques, and the constitution of stem cell banks for transplantation or other therapeutic objectives. Such research is subject to the decision of the National Council for Medically Assisted Procreation (Sec. 9).
 +
 
 +
* Use may be made of donated sperm, oocytes, and embryos where, in the light of current scientific knowledge, it is not possible for a woman to become pregnant by any other means and where the quality of gametes can be assured (Sec. 10).
 +
 
 +
* PGD may not be used in the case of multifactorial diseases where the predictive value of the genetic test is very low.
  
 
* Scientific research with embryos is permitted for the purposes of prevention, diagnosis, or therapy, the improvement of MAP techniques, and the constitution of stem cell banks for transplantation or other therapeutic objectives.
 
* Scientific research with embryos is permitted for the purposes of prevention, diagnosis, or therapy, the improvement of MAP techniques, and the constitution of stem cell banks for transplantation or other therapeutic objectives.
  
 
* Donation of eggs, sperm and embryos is permitted "where, in the light of current scientific knowledge, it is not possible for a woman to become pregnant by any other means and where the quality of gametes can be assured."
 
* Donation of eggs, sperm and embryos is permitted "where, in the light of current scientific knowledge, it is not possible for a woman to become pregnant by any other means and where the quality of gametes can be assured."
 +
|Regulatory activities=
 +
|Accountability and governance=
 +
|History=NB. At present, the Ministry of Justice is preparing a law concerning co-adoption by couples of the same sex. As regards surrogacy, the Parliament is discussing a law that will allow altruistic surrogacy in some specific cases and will amend Law n. 32/2006.
 +
|External links=
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>
 
<references/>

Revision as of 12:00, 22 February 2015