Pre-embryos and leftover fetuses that are not used to carry otu assisted reproduction techniques: ethical and legal aspects

Abstract

The high rates of infertility in the 1980s resulted in the first child conceived by in vitro fertilization. This led to the generation of supernumerary embryos, opening the way for the manipulation of the embryonic material with different purposes, among which are biomedical research and experimentation, for which a limit of 14 days was established. The great amount of tensions around the imposed limit led to the creation of a new reality called “pre-embryo”, which established the borderline between acceptable and unacceptable research. However, the status of the embryo generated great controversy from biological, ontological and ethical points of view. All this prompted the Law to develop legislation, which has been evolving over the years, adapting it to scientific progress in this area. In the present work we will analyze the main legal problems regarding the biomedical research carried out on supernumerary pre-embryos and foetuses from assisted reproduction techniques through the analysis of legislation and doctrine, in order to reach conclusions with regard to the current situation, both Spanish and European, of the subject in question.

Keywords

• embriones humanos, preembriones supernumerarios, investigación biomédica, legislación bioética, fertilización in vitro