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Portuguese Law on Assisted Reproductive Technologies - 26th July 2006

Forbidden purposes

Art. 7º

1 – Reproductive cloning with the objective of creating genetically identical human beings is forbidden

2 – ART cannot be used to obtain improvement of non-medical characteristics of the offspring, including sex selection.

3 – Exceptions to the previous are the cases of high risk of sex related genetic diseases without possibility of direct detection by means of antenatal or pre-implantation genetic diagnosis, or the ones that need determination of compatible HLA (human leukocyte antigen) for treatment of serious illness.

4 – ART cannot be used with the objective of creating chimeras or hybrids.

5 –PGD is not allowed in multifactorial diseases where the predictive value of genetic tests is very low.

 

Research on embryos

Art. 9º

1 – ART can not be used to deliberately create embryos for purposes of scientific research.

2 – However, the research on embryos is allowed with the objective of prevention, diagnosis or therapy of the embryo himself, to improve assisted reproductive techniques, to constitute banks of embryonic stem cells for transplantation programs or any other therapeutic purposes.

3 – Scientific research on embryos can only be allowed if it is reasonable to expect any kind of benefit for mankind, depending each scientific project on the evaluation and decision of the National Council for Assisted Reproductive Technologies.

4 – For purposes of scientific research it is only allowed to use:

a) Cryopreserved surplus embryos that are no longer required for any kind of parental project;

b) Embryos that lack quality for uterine transfer or cryopreservation with procreation aim;

c) Embryos with serious genetic anomalies identified by pre-implantation genetic diagnosis;

d) Eggs that have not been previously fertilized by spermatozoa.

5 – Using embryos in the conditions of a) and c) depends on the prior written informed and conscientious consent of the couple that has originated the embryo.

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