PSD proposes amendment to the law of assisted procreation to ensure donor anonymity – The Economic Journal

PSD proposes amendment to the law of assisted procreation to ensure donor anonymity - The Economic Journal


The PSD proposed an amendment to the Medically Assisted Procreation Act to ensure the anonymity of people who donated eggs and embryos before the Constitutional Court's April 24 lead to some legislation, was released today.

The PSD bill on the "regime for access to information on civil identification of donors in the LDC processes" was delivered on Thursday in parliament, one day after the BE submitted a proposal along the same lines and the PS has indicated that it is also working on a proposal to try to overcome the constraints caused by the TC judgment which considered some rules of the law, namely the anonymity of the gametes donors and the gestation of substitution, to be unconstitutional.

The Constitutional Court decided to "declare the unconstitutionality, with general obligatory force", of the norms imposing an obligation of absolute secrecy with respect to persons born as a result of a process of medically assisted procreation using the donation of gametes or embryos, including during gestation of substitution.

The PSD recalls in the document that the decision of the TC had determined the elimination of the regime of confidentiality of third-party donors, the National Council for Medically Assisted Procreation (CNPMA) issued a public notice, on 27 April, alerting the measures to take with regard to ongoing treatments the destination to be given to cryopreserved embryos produced using gametes from anonymous donors and for which consent was given for anonymous donation to other beneficiaries.

With the presentation of the bill, the PSD Parliamentary Group says it "intends, in absolute respect of the Judgment" and in response to the challenge to the concerns expressed by the CNPMA, to offer its contribution regarding the regulation of "terms in which the interested parties may access to the information necessary to know their origins ".

To this end, it intends to establish a "transitional regime guaranteeing the confidentiality of the donor's civil identity in order to safeguard the situations in which it has already occurred", when the judgment was published, "the donation of gametes or the production of embryos and genetic material has already been used or, if it has not already been used, it will be within one year in the case of gametes or five years in the case of embryos. "

Except in cases where the donors expressly authorize the lifting of anonymity, it refers to the proposal signed by the representatives of Adão Silva, Ricardo Baptista Leite, Luís Vales and Ângela Guerra.

The proposal also argues that "anyone who, in any way, becomes aware of the use of LDC techniques, or of the identity of any of the participants in their processes, is bound to maintain secrecy about their identity and about the PMA ".

It further proposes that persons born as a result of LDC procedures, using a donation of gametes or embryos, provided that they are 18 years of age or older and are not prohibited from exercising their rights due to psychic anomaly, are entitled to obtain, together of the CNPMA, information on the civil identification of the donor.



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