DRAFT LAW NO. 151 /X

(REGULATES MEDICALLY ASSISTED PROCREATION TECHNIQUES)

Exhibition of reasons

The infertility of the desirable couples of having children constitutes disease of growing and

widespread incidence, the solution of which is progressively effective in a

society's most liberated society of prejudices, enriched with constant scientific advances

and endowed with differentiated technologies of unusable resolute capacity.

The adoption, as an alternative method for such couples, does not always achieve

to propitiate the results almeted, for reasons known, of amusing amuseoole.

Let us add that our framework of cultural and social values inculcates, with particular

emphasis, the idea of marital procreation as a means of ensuring perenity, not only

of a wide range of axiological references but, also, of a genetic inheritance

jealously preserved.

The pointed conditioners have legitimized the search for solutions

alternatives to achieve a desideratum that the biological mechanisms of reproduction

human cannot, in certain circumstances, provide.

It becomes, therefore, necessary to intervene, in legislative terms, in the construction of a

system that, alongside the necessary investigation of the causes or factors of infertility with

a view to its prevention, and in accordance with the World Organisation's guidelines of

Health, establish concrete measures of strategic performance in the strands of medicine

family, fertility and human reproduction.

The coherent entangment of such a network in the operative model of the care of

maternal health-infantile turns out to make logically indispensable the promulgation of

a legal regime that defines and accompanies the rules of acting in the specific strand of the

medically assisted procreation that will constitute, in this perspective, only the plateau

top of an interventionist escalation in the area of human reproduction.

The absence, in Portugal, of specific legislation in this area has been

object of diversified positions. It has already been stated that no laws will be required

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to treat patients and, on the contrary, has also been invoked the imperious need

of rules and limits, since without law everything is allowed because nothing is out of the law. A

intermediate position could advocate for a normative framework only limited

to the consensual aspects of a problem that continues, increasingly, to be the subject of

polemical lit.

Legislative inertia, regardless of the legal quadrant in which it has

place, it represents by itself a choice of values. Without law, the limits, exception made to the

ethics, morals and individual conscience are only those of the technically possible.

Now, it is not to exclude that socially significant sectors can be, relative

or absolutely, insensitive to imperatives of conscience, because seduced by a

mirorific omnipotency of technical progress and its eventual benesses. If in

each society there are groups that do not conceive of the unethical technique, others there will be for

who the eminently instrumental character of the technique turns out to be absolutized and

erected the category that only to ethics should fit: to be an end in itself.

The non-existence of legislation on medically assisted procreation

still understandable difficulties in the determination of rights and responsibilities of the

various actors in the own acts of each procedure.

The Decree-Law No. 319/86 of September 25, intended to establish the

conditions for authorization of acts required by medically procreation techniques

assisted, which should, however, be defined in regulatory decree. However,

such regulation has never been produced.

The National Council on Ethics for Life Sciences released, in February

of 1993, an extensive report and opinion on medically assisted reproduction

(3 /CNE/93), which came to define the ethical principles that must be implicit in the

medically assisted procreation practices.

Also Law No. 12/93 of April 22 on the harvesting and transplantation of

organs and tissues of human origin, establishes, in Article 1 (2), that " the gift of

eggs and sperm and the transfer and manipulation of embryos are the subject of

special legislation ".

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Subsequently, in 1995, the report and Opinion No 15 /CNEV/95, of the Council

National of Ethics for Life Sciences, came to warn of the urgency of being

produced legislation relating to the human embryo, specifically in such a way as to prevent the

production of embryos for the purpose of scientific research.

This Council has further published the Opinion No 18 /CNECV/97, on protection

legal for biotechnological inventions; n. 21 /CNECV/97, on cloning; n.

22 /CNECV/97, on medical devices for diagnosis in vitro ; n. 25 /CNECV/98,

on therapeutic use of organic products; and n. 31 /CNECV/2000, on the

human genome.

It was considered that it was the case that it was, therefore, to implement measures that acauctiate

principles to which they are underlying issues that have to do with the defence of freedom of the

man and the dignity of the human person, with social solidarity and with the

health intervention and their respective quality requirement of the services provided. Is that,

ultimately, the rapid technological development and the overwhelming progress

scientific will have to be put to the service of humanity and exclusively to their

well.

In that sense it was understood by the then government, in 1997, to present a

proposed law that bridging this important gap in legal planning

Portuguese.

It was then considered that the possible regulation should result from a

adherence of opinions that cautioned the choices, which, however, would not leave

certainly to be the subject of contestation by some. It was considered, then, and

considers itself today that the essential desideratum will have to be achieved in line with

principles, standards and recommendations coming from accredited national institutions and

supra-national and in the uncompromising defence of fundamental principles, among which

they would have to be highlighted the respect for the dignity of the human person, their

inviolability and inalienability. In such a context, it could not yet ignore the

indispensable security that has to merit the human genetic material and the necessary

assurance of technical quality and humanization of the services provided.

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This position remains all the more so as Decree No. 415 /VII (resulting from the

proposed law No 135 /VII) turned out to be the subject of veto by the President of the

Republic.

It is underlined that, following the IV Constitutional Review Process of

1997, Article 26 (2) came to establish the legal guarantee of personal dignity and of the

genetic identity of the human being, notably in the creation, development and

use of technologies and scientific experimentation, in line with new

contributions from the Council of Europe, specifically through the Bioethics Convention,

at the time outstanding consecration in the Portuguese legal order.

It was meanwhile ratified by the Portuguese Parliament to the Convention on the Rights of the

Man and the Biomedicine of the Council of Europe who went on to integrate our

legal planning and which fixes some general principles that frame the performance

in these domains.

Until that fact is evidenced the importance of defining precisely which ones

legally permissible techniques, the conditions under which recourse to such

techniques and which institutions enabled for the purpose.

In short, a normative framework that with effectiveness will have to be established,

prudence and reasonableness fulfill a mission where the facilities do not pontificate.

This being so, they cannot take on fundamentalist positions, but rather there is-

search for always and only what, according to the data of science, dignify the person

human, repudiating what it can avilable and seeking to remove from such an attitude of

spirit the consequences that are considered to be fair, human and even

consents to the feel and values of the national community.

In compliance it is assumed, in the legislative initiative ora present, the defence of the

principles set out below:

a) The different medically assisted procreation techniques that imply

gamitic or embryonic manipulation do not constitute an alternative mode of procreation,

but rather subsidiary method to be used only when there are proven changes

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of the physiological mechanisms of reproduction or when, in the face of medical indications to

the prevention or treatment of genetic, infectious or other diseases;

b) The resource for medically assisted procreation should assure the child

conditions for their full development, particularly the right to benefit from the

family structure, biparental, of the affiliation. Thus, they should only be able to benefit from the techniques

of medically assisted procreation heterosexual couples, with stability of relationship,

not to be in very exceptional situations;

c) Acts required by medically assisted procreation techniques have

compulsorily to be practiced in establishments with proven suitability

technically and scientifically and will have to be the subject of periodic evaluation and control;

d) the confidentiality of acts in respect of the

participants of the medically assisted procreation techniques, may only be

broken secrecy for reasons of reasoned medical order or other equally

ponderous;

e) All the biological product of a genetic nature that is the subject of donation not

you may under no circumstances be traded, nor can you be assigned

any commercial value;

f) It will be mandatory in all acts concerning procreation techniques

medically assisted the express consent, free and enlightened, on the part of the

respective beneficiaries and actors, being guaranteed to the health professionals the

right to the objection of conscience that will have to be spelt out;

g) They should be considered prohibited purposes of procreation techniques

medically assisted those who wish to obtain certain characteristics

birthright genetics, which involve the creation of human clones, of chimeras or the

inter-species fertilization and still replacement motherhood and inseminations post-

mortem , other than in specifically foreseen circumstances conditioned to the

assessment and decision of the National Council for Medically Assisted Reproduction

(CNRMA).

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(h) the legalization of semen conservation units is recommended, once

that the gift of male gametes should not deny each other whenever they assume all the

consequences that may result from such an act by the potential beneficiaries. Only so if

can guarantee the technical quality of the units involved in the process, searching

to avoid, at the same time, an undesirable clandestinity, the eventual discrimination

social and economic and even an intolerable marketing of organic products

humans. It is still the possibility of material interests to be the subject of

quered, as they will not fit donors any powers or duties in

relation to children who come to be born as a result of insemination with semen

donated;

i) The donation of ovocytes, taking into consideration the technical impossibility of

freeze feminine gametes identically to that of male gametes, it should only

be able to check in conditions that effectively guarantee the anonymity of the

actors;

j) The deliberate creation of surplus embryos should not take place in practice

current of medically assisted procreation, so it is recommended that the number of

ovocytes to inseminate in each fecundation cycle in vitro should depend on the number of

embryos to be transferred and also from the concrete clinical-laboratory situation;

l) Poding occurs the creation of embryos that then do not come to be

transferred to the uterus, advocates for its freezing for further transfer to the

beneficiary couple.

Exceptionally, when this transfer cannot be realized and

upon the consent of the beneficiaries, can the embryos be destined for another

couple, whose diagnosis of infertility advises him, or donated for investigation

scientific.

m) The constitution of the National Council of Reproduction Medically is to be established

Assisted for guidance, decision and follow-up in the framework of procreation

medically assisted.

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That being so, and under Article 167 and in accordance with paragraph 1 (b) of the

article 165 of the Constitution of the Portuguese Republic, the Deputies of the Party

Socialist present the following draft law:

Chapter I

General provisions

Article 1.

Subject

The present law comes to regulate the following medically procreation techniques

assisted:

a) artificial insemination;

b) The fertilization in vitro ;

c) Intra-cytoplasmic injection of spermatozoa;

d) The transfer of gametes, zigotos or embryos to the horn;

e) The generic diagnosis pre-implantation;

f) Other laboratory techniques of gamitic or embryonic manipulation

equivalents or subsidiaries.

Article 2.

Condition of admissibility

1-A The use of medically assisted procreation techniques can only

check itself after rigorous diagnosis of infertility, certified by medical team of

to be part of at least two qualified specialists with the minimum of five

years of activity in medical areas linked to human reproduction or approval in

cycle of special studies in medicine of reproduction.

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2-It is, however, lawful to have recourse to medically assisted procreation techniques

with a view to proceeding to the prevention or treatment of genetic source anomalies,

infectious or other.

Article 3.

Authorized centres and qualified persons

1-medically assisted procreation techniques can only be imparted

under the responsibility and direct surveillance of qualified specialist medical practitioner, in

public or private centres expressly authorized for the purpose by the Minister of

Health.

2-The centres referred to in the preceding paragraph shall be subject to evaluation

quality periodical.

Article 4.

Beneficiaries

1-Only married people who do not find themselves judicially separated from

people and goods or goods or separate in fact, or those of different sex living in

conditions analogous to those of the spouses, at least two years ago, may resort to techniques

of medically assisted procreation.

2-The techniques can only be used for the benefit of anyone who has, by the

less, 18 years of age and do not find yourself interstated or disabled by anomaly

psniquica.

3-Without prejudice to the provisions of Article 28, it may only be a beneficiary of techniques

of medically assisted procreation the couple who contribute gametes of at least

one of its members.

Article 5.

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Prohibited purposes

1-The recourse to medically assisted procreation techniques with the

deliberate aim to create identical human beings, specifically by cloning,

or to give rise to chimeras or to intry inter-species fertilization.

2-Without prejudice to the provisions of Article 2 (2), the techniques of procreation

medically assisted may also not be used to achieve certain

characteristics of the unborn child, specifically the choice of sex.

Article 6.

Mother of replacement

1-Understand for replacement motherhood any situation in which the

woman possesses to endure a pregnancy on account of outrage and to deliver the child

after childbirth, renouncing the powers and own duties of motherhood.

2-It is restricted the recourse to replacement maternity, to the appreciation of the

CNRMA.

3-Are void the legal, onerous, maternity care business of replacement.

4-With the exception of cases provided for in paragraph 2, the woman who supports a

pregnancy in replacement of outrain is havida for all legal effects as the mother of the

child who comes to be born.

Article 7.

Use of embryos for research purposes

1-A The use of viable embryos for the purpose of scientific research will only be

permitted with diagnostic or therapeutic targets and will be conditional on the

appreciation and decision of the CNRMA.

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2-Only preimplantation genetic diagnostic techniques will be allowed

recognized scientific value for the diagnosis or therapeutics of genetic diseases or

other.

3-The deliberate creation of embryos for research purposes is prohibited or

scientific experimentation.

Chapter II

Use of medically assisted procreation techniques

Article 8.

Medical decision and conscientiation objection

1-Compete to the responsible doctor to propose to the beneficiaries the technique of

medically assisted procreation that, scientifically, appears more appropriate,

when other treatments have not been successful, do not offer prospects

of success or not to show convenient according to the precepts of knowledge

medical.

2-No health professional can be obliged to superintender or to

collaborate in the realization of any of the medically assisted procreation techniques

whether, for medical or ethical reasons, to understand not the duty to do.

3-A The refusal of the professional should specify the reasons for clinical order or

of another intimate that motivates her, specifically the objection of conscience.

Article 9.

Rights of beneficiaries

They are rights of the beneficiaries:

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a) Not to be subjected to techniques that do not offer reasonable probabilities of

success or whose use behaving significant risks to the health of the mother or child;

b) To be assisted in an elderly medical environment, which possesses of all the

required material and human conditions for the correct execution of the technique

advisable;

c) To be correctly informed about the medical, social and

legal probable of the proposed treatments;

d) Knowing the reasons that motivate the refusal of procreation techniques

medically assisted;

e) To be informed of the conditions under which they would be able to turn to the adoption and

of the social relevance of this institute.

Article 10.

Duties of the beneficiaries

1-It is the duties of the beneficiaries:

a) Pressure all the information that is requested to them by the medical team or

who understand to be relevant to the correct diagnosis of your clinical situation and to the

success of the technique to which they will submit;

b) scrupulously observe all the prescriptions of the medical team, either

during the phase of the diagnosis, either during the different steps of the process of

medically assisted procreation;

2-A The end of being globally evaluated the medical-sanitary results and

psycho-sociological of the medically assisted procreation processes, must the

beneficiaries to provide all information related to health, development

and the insertion into the family medium of the children born of techniques in it.

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Article 11.

Consent

1-The beneficiaries must provide their free, enlightened consent of

express form and, in writing, in the face of the responsible doctor.

2-For the purposes of the provisions of the preceding paragraph, the beneficiaries shall be

previously informed, in writing, of all known benefits and risks

resulting from the use of medically assisted procreation techniques, as well as

of its ethical, social and legal implications.

3-The data referred to in the preceding paragraph shall appear in the document

through which the beneficiaries provide their consent.

4-The consent of the beneficiaries is freely revocable by any

of them until the beginning of the therapeutic processes referred to in Article 1.

Article 12.

Confidentiality

1-All those who, in some way, take notice of the resource a

medically assisted procreation techniques, or the identity of any of the

participants in the respective processes, are obliged not to reveal the identity of the

same and to maintain secrecy of the very act of assisted procreation.

2-People born as a result of procreation processes

medically assisted with feature the gift of gametes or embryos can together with the

competent health services, obtain the information that concerns them, excluding

the identification of the donor.

3-In addition to the provisions of the preceding paragraph, the persons referred to therein will be able to obtain

the information regarding the identification of the donor, for recognized ponderous reasons

by judicial sentence, and may the competent court in family matters of the area of

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stakeout residence can the CNRMA information about existence of

hindrance, under the terms of the Civil Code's 1.602º artwork.

4-For the purpose of the provisions of the preceding paragraphs is not necessary

consent of the donor.

Article 13.

Registration and conservation of data

1-It will be defined, by joint porterie of the relevant Ministers in the areas of

Health and Justice, the way in which the records of relative data should be arranged

to medically assisted procreation processes, their respective beneficiaries, donors and

children born, as well as the conditions and the licensing of the establishments in

that it comes to take place.

2-The same diploma will establish the period of time during which they must

the data being conserved, who will be able to have access to them, and with what purpose, well

as the cases in which constant information of the records can be deleted.

Article 14.

Charges

1-The establishments authorized to provide procreation techniques

medically assisted cannot, in the calculation of the required retribution, assign any

value to the donated genetic material nor to the embryos referred to in Article 21 (4).

2-The recourse to medically assisted procreation techniques in the framework of

National Health Service will be supported under the conditions that are to be defined in

own diploma.

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Chapter III

Artificial insemination

Article 15.

Insemination with donor semen

1-A insemination with semen from a third donor can only check

when, in the face of the objectively available medico-scientific knowledge, no

you can get pregnant through insemination with semen from the husband or from that who

live in de facto union with the woman inseminating.

2-The semen of the donor must be cryopreserved.

3-The situations in which the appeal to the gift of semen and the

requirements required of donors and beneficiaries, as well as the rules of

operation of the Conservation Units of Sémen, will be defined by the Portaria

provided for in Article 13º.

Article 16.

Determination of paternity

1-If the insemination referred to in the preceding article comes to result

birth of a child will be this there been as the son of the husband or of the one who lives in

de facto union with the inseminated woman, provided that this there is consenting to the

insemination, in accordance with Article 11.

2-For the purposes of the provisions of the preceding paragraph shall be displayed, in the act of

record of birth, document proving that the man living in union of

fact with the mother of the child has provided the consent provided for in Article 11.

3-There has been no consent, washing-up of birth only

with established motherhood, in which case the provisions of Articles 1864 do not apply.

a 1866. of the Civil Code.

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4-A The presumption of paternity established pursuant to paragraph 1 may be

impugned by the husband or the one who lives in union de facto if it proves that there was no

consent, or that the child was not born from insemination so that consent was

provided.

Article 17.

Exclusion of paternity from the donor of semen

1-The donor of semen may not be there as a parent of the child who comes to

being born, not having any powers or duties in relation to it.

2-The provisions of the preceding paragraph shall not preclude the admissibility, in proceedings

preliminary of publications, paternity proof for the effects of points (a) and (b) of the

article 1602 of the Civil Code.

Article 18.

Prohibition of insemination post mortem

1-After the death of the husband or of the man with whom he lived in de facto union

it is not lawful to the woman to be inseminated with sperm of the deceased, yet this there is

consented to the act of insemination.

2-The sperm that, with founded fear of future sterility, be collected

for the purposes of insemination of the spouse or woman with whom the man lives in union

de facto will be destroyed if the one comes to be passed down during the period established for the

conservation of semen.

3-It is, however, lycites the implantation post mortem of embryo, to allow the

realization of a parental project clearly established in writing before the

demise of the parent, elapsed that is the deadline considered fit to the appropriate

weighting of the decision.

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Article 19.

Paternity

1-If the violation of the prohibition referred to in the previous article results

pregnancy of the inseminated woman, the child who comes to be born is hained as the daughter of the

deceased.

2-Cesses the provisions of the preceding paragraph if at the date of the insemination, the woman

have contracted marriage or living, for at least two years, in de facto union with

man who, in accordance with Rule 11, gives his consent to such an act, in which case

applies to the provisions of Article 1839 (3) of the Civil Code.

Chapter IV

Fertilization in vitro

Article 20.

General principle

1-In fertilization in vitro there should only be place in the creation of the embryos in

number considered necessary for the success of the process, in accordance with good practice

clinic and the pricipes of informed consent.

2-The number of ovocytes to be inseminated in each process must take into account the

clinical situation of the couple and the general indication of prevention of multiple pregnancies.

Article 21.

Fate of embryos

1-The embryos that, in the terms of the previous number, have not been

transferred must be frozen, committing the beneficiaries to use them in

new embryonic transfer process within the maximum period of three years.

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2-Elapsed the term of three years may the embryos be destined for another

couple whose medical indications of infertility advises him, the facts being

determinants of justifiable registration.

3-The fate of the embryos provided for in the preceding paragraph can only check

upon the consent of the projected beneficiaries, or of what is supervivo,

applying, with the necessary adaptations, the provisions of Article 11 (1).

4-Do not become subject to the provisions of paragraph 1 the embryos whose characterization

morphological does not indicate minimum conditions of viability.

5-The remaining embryos shall apply to the provisions of Article 7º (1).

Article 22.

Fertilization in vitro post mortem

If the one who deposited his / her semen, for the purposes of fertilization for the benefit of the

couple to which they belong, come to fall applies, with the necessary adaptations, what if

has in the matter of insemination post mortem in Articles 18, n. the

1 and 2, and 19.

Article 23º

Fertilization in vitro with dador semen

To fecundation in vitro with recourse to dador semen applies, with due

adaptations, the provisions of articles 15 to 17.

Article 24.

Gift of ovocytes

You can turn to the gift of oviytes when, in the face of medical knowledge-

objectively available scientific, cannot obtain pregnancies through recourse to

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any other technique and provided that effective conditions are ensured to ensure the

anonymity of the actors, dadora and beneficiaries.

Article 25.

Maternity

1-A donor of ovocytes cannot be havid as a mother of the child who comes to

being born, not having any powers or duties in relation to it.

2-The provisions of the preceding paragraph shall not preclude the admissibility, in proceedings

preliminary publications, from the proof of maternity to the effects of points (a) and (b) of the

article 1602 of the Civil Code.

Article 26.

Beneficiaries of embryos

1-Being the embryos intended for another couple in accordance with Article 3 (3)

21., couples who do not have children, natural or adoptive, should be privileged.

2-The recipients of the embryos must not be older than 45 years to

woman and 55 years the man.

3-For the purposes of the determination of motherhood and parenthood is applicable,

with the necessary adaptations, the provisions of articles 16, 17 and 25.

Article 27º

Maternity leave

1 -It may be authorized by the National Board of Reproduction Medically

Assisted, by way of exceptional title, the recourse to replacement motherhood, according to

the criteria to be defined by the Council and when to cumulatively verify the

following conditions:

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a) Treat the only recourse to respond to the concrete situation of

infertility;

b) Serem respected the interests and rights of the couple, of the child to be born

and of the replacement mother, through informed consent of the

gestures and future parents;

c) No remuneration shall be practiced, without prejudice to the compensation

of the expenses incurred, objectively proven.

2-Applies to the replacement maternity, with due adaptations, the provisions of the

articles 15º to 17º.

Article 28.

National Board of Medically Assisted Reproduction

1-It is created the National Board of Medically Assisted Reproduction,

hereinafter referred to as the CNRMA, to which it will compete generically to pronounce on the

ethical, social and legal issues of medically assisted procreation and specifically:

a) Give advice on the public and private establishments authorized to

practice of medically assisted procreation techniques and accompany the respective

activities;

b) Request the information referred to in Article 10 (2), proceed to its

scientific elaboration and evaluate the global medical-sanitary results and

psychossociology of the practice of medically assisted procreation across the territory

national;

c) We collect the information relating to each use of the techniques of

procreation indicated in Article 1, to be required by the physician in charge.

d) Pressure to the judicial organs the information that is requested of it.

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2-A The organization, composition and functioning of the CNRMA are defined

by the Government through joint porterie referred to in Article 13º.

Chapter V

Sanctions

Article 29.

Improper use of medically assisted procreation techniques

1-A The use of medically assisted procreation techniques for the

purposes set out in Article 5, or without the consent of any of the

beneficiaries, provided in the terms provided for in Article 11, constitute a crime punished with

prison sentence of one to five years.

2-A The use of assisted procreation techniques outside establishments

authorized, without knowledge of the doctor responsible or in violation of the legis artis ,

constitutes a crime punished with imprisonment up to three years.

Article 30.

Maternity leave

The promotion, by any means, in particular through direct invitation or

by interposed person or public announcement, from maternity replacement to title

onerous constitutes felony punishment punishable by imprisonment up to three years.

Article 31.

Improper use of embryos

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1-A deliberate creation of embryos for research purposes and implantation

of embryos that have been the subject of experimentation constitutes crime punished with

prison sentence of one to five years.

2-A budding of embryos for purposes or under conditions not permitted by law

constitutes a crime punished with imprisonment for up to two years.

Article 32.

Violation of the duty of secrecy

The violation of anonymity or of the duty of secrecy, provided for in Article 12, constitutes

crime punished with imprisonment for up to two years.

Article 33.

Ancillary sanctions

To those who are convicted of the crimes provided for in the preceding Articles may the

court to apply the following ancillary sanctions:

a) Temporary interdiction of the exercise of the profession, for a period of six months

a two years, or definitive;

(b) definite closure of private establishment where hajam was

practiced the unlawful acts of assisted procreation;

c) Publicity of sentence sentencing.

Chapter VI

Final provisions

Article 34.

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Other medically assisted procreation techniques

1-When the envisaged techniques, in points (c) to g) of the article are used

1. applies:

a) In the case of recourse to semen semen, the provisions of Chapter III, with the

due adaptations;

b) In the case of recourse to donor ovocytes, the provisions of Articles 25º and 26 shall be provided;

c) To the intra-cytoplasmic injection of spermatozoa, transfer of gametes

or embryos for the horn, transfer of embryos to the uterus, prenatal diagnosis

pre-implantation, or any other laboratory techniques of gametic manipulation or

embryonic equivalent or subsidiary, the provisions of Chapter IV, with the necessary

adaptations.

2-A intervention with diagnostic or therapeutic purposes on the pre-embryo

or fetus can only be used to ensure its viability, or detect diseases

hereditary, or to treat a serious illness or prevent its transmission.

Article 35.

Triennial report

The Government, on the basis of the work carried out by the CNRMA provided for in the article

27. shall trienally submit a report to the Assembly of the Republic on the implementation

of this Law and the necessity of its possible amendment.

Article 36.

Regulation

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The Government will promote the publication, within 180 days, of diplomas

indispensable to the development of this Law.

The PS Deputies

A.R. 07/27/2005