Andreia Granito Aguiar001548

Direito da Igualdade SocialProf. Dra. Helena Pereira de Melo

Maio de 2012

Egg Donation – a Society ParadigmEgg Donation – a Society Paradigm

A perspective from national and international lawA perspective from national and international law

““The measure of a life, after all, is The measure of a life, after all, is not its duration, but its not its duration, but its donation.”donation.”

Corrie Ten Boom

IntroductionIntroduction

What is na oocyte?What is na oocyte?

OocyteOocyte Oogonium

Oogonium

Ovum / Egg cellOvum / Egg cell

OocytogenesisOocytogenesis

Why the need for a donor?Why the need for a donor?

• Premature menopause;• Turner Syndrome;• Repeated spontaneous abortion;• In the presence of certain congenital diseases;• Bad quality of the receptor oocytes;• Age.

Who can be a donor?Who can be a donor?

• Women;• Physically and mentally healthy;• Between the age of 18 and 35;• Must have no desire of having children

immediately after the donation.

EVALUATIONEVALUATION

How is the donor evaluated?How is the donor evaluated?

• Complete gynecologist check-up;• Blood tests to screen various diseases:

Hepatitis B and C, HIV, Syphilis, among others;• Genetic tests, to screen genetic diseases:

Huntington, Cystic Fibrosis, etc.;• Psychological evaluation.

The treatmentThe treatment

The treatmentThe treatment

PillPill

Menstrual CycleMenstrual Cycle

OvariesOvariesInjectable hormonesInjectable hormones

FolliclesFollicles

UltrasoundsUltrasounds

LaboratoryLaboratory

The risks for the donorThe risks for the donor

• Headaches;• Fatigue;• Burn;• Abdominal pain;• Infections and hemorrhages (1/1000 cases);• Anxiety.

The benefits for the donorThe benefits for the donor

• The joy in helping someone that, otherwise, probably would not be able to have children;

• The possibility to be tested exhaustively, many times discovering conditions or diseases that would nor have been discovered and be able to treat them.

Legislation – why the need?Legislation – why the need?

→ To prevent the break of confidentiality between clinics, donors and receptors;

→ To regulate the collection and implantation;→ To prevent discrimination towards donors

and receptors.

Legislation – CPRLegislation – CPR

Article 13.º - Principle of equality

1. Every citizen shall possess the same social dignity and shall be equal before the law.

2. No one shall be privileged, favored, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation.

Legislation – CPRLegislation – CPR

Article 26.º - Other personal rights

1. Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination.

2. The law shall lay down effective guarantees against the procurement and misuse of information concerning persons and families and its use contrary to human dignity.

3. The law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation, development and use of technologies and in scientific experimentation.

4. Deprivation of citizenship and restrictions on civil capacity may only occur in such cases and under such terms as may be provided for by law, and shall not be based on political motives.

Legislation – PreventionLegislation – Prevention

• United Nations Declaration;• Universal Declaration of the Human Rights;• Geneva Convention;• European Convention for the Human Rights.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Medically Medically Assisted Assisted

ProcreationProcreation

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 3.º - Dignity and non-discrimination

Medically assisted procreation must respect human dignity, and discrimination based on genetic patrimony or on the fact that one was borned using MAP techniques is not accepted.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 10.º- Donation of sperm, oocytes and embryos

• Donation is allowed, considering the medical-scientific knowledge objectively available;

• Donors are not the parents of the unborn child.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 12.º - Rights of the donors/receptors

• Right to proper medical care;• Right to information.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 13.º - Obligations of the donors/receptors

• To give true information about everything they may be asked during the donation process;

• To accept and oblige all the recomendations made by the medical team.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 14.º - Consent

• Consent must be given in writen and in full conscience;

• Donors/receptors must be informed of all the risks and benefits of the procedure, as well as all the ethical, social and judicial implications.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 15.º - Confidentiality

• The act itself and its participants are strictly confidential;

• The children may obtain information regarding their genetics, but not about the donor;

• Birth certificate can not mention that the child was born using MAP techniques.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 17.º - Expenses

• Donors must not be paid for their ovums.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 18.º - Buying ovums, sperm or other biological material

• It is strictly forbidden to buy or sell oocytes, sperm or other biological material.

Legislation – Law 32/2006, July 26thLegislation – Law 32/2006, July 26th

Article 25.º - Embryos destination

• Embryos that are not used must be preserved for three years for the some receptor;

• After this period, the right can be transfered to another couple.

International Law - IrelandInternational Law - Ireland

• Legal and constitucional;• Available since 2000;• Donors protected until the act of donation

occurs; after that, the law protects the receptors’ rights;

• Data Protection Act 1988;• McGee verdict 1973;• Donors are allowed to remain absolutely

anonymous.

International Law - UKInternational Law - UK

• The Human Fertilisation & Embryology Authority – HFEA;

• Children have the right to ask for the donors identity when they reach the age of 18 (if conceived after 2005);

• Donors also have the right (since 2009) to know the number of children born as a result of their donation, their sex and year of birth;

• The donor is not named on the birth certificate.

International Law - BrazilInternational Law - Brazil

• Law n.º9.434/97: possibility to donate tissues, organs and parts of the human body, as long as they are donated selfishly, with no intention of personal gain;

• This law does not legislate on blood, sperm and egg cells;

• Considered by some as unethical and contrary to good uses;

International Law - BrazilInternational Law - Brazil

• Medical Federal Board:• Donation must be voluntary and spontaneous;• Parts must not know each other;• Commercial relationship is not accepted.

ConclusionsConclusions