Legal Treatment of Embryos Created Through IVF: Australia • France • Germany • Italy • New Zealand Poland • Portugal • Sweden • United Kingdom

"Comparative Summary
Kelly Buchanan Chief, Foreign, Comparative, and International Law Division II

This report, prepared by staff of the Global Legal Research Directorate of the Law Library of Congress, surveys the rules in select jurisdictions regarding embryos created through artificial reproductive technology treatment cycles, such as those involving in vitro fertilization (IVF). The countries surveyed include Australia and New Zealand, the United Kingdom, and six European countries: France, Germany, Italy, Poland, Portugal, and Sweden.

The individual country surveys examine whether there is a legal limit on the number of embryos that can be created or transferred in a treatment cycle, and the actions that can be taken with respect to the embryos created (apart from transfer to a person’s uterus as part of that cycle), including preimplantation genetic testing, sex selection for nonmedical purposes, cryopreservation and storage, donation to another person or couple, disposal or destruction, and allowing the embryos to be used for research purposes. This is intended to be a high-level survey, and it is recognized that countries may have detailed rules related to, for example, consent and counseling requirements, record-keeping and reporting, the collection and use of donor gametes, surrogacy, and restrictions and requirements related to embryo research.

Aspects of the country surveys are summarized in the table below. The storage time limits relate to the storage of embryos for the purpose of possible use in subsequent treatment cycles; some jurisdictions, such as the United Kingdom and Sweden, have separate time limits where storage is for the purpose of using the embryos for research. In addition, in almost all the countries that have a legal limit on storage duration, extensions may be granted by the relevant authorities.

As shown in the table, Italy, Germany, and Poland have the most restrictive rules of the jurisdictions surveyed. In these countries, the rules limit or discourage the creation of multiple excess embryos. However, while in Italy and Germany the ability to donate embryos to another person or couple is prohibited or highly restricted, such donation is required in Poland after the storage time limit is reached. These three countries do not permit research involving or disposal of excess embryos. Aspects of the laws in Germany are currently under review by a commission established by the government. The law in Italy is complex and there is uncertainty regarding some aspects, with certain restrictions having been declared unconstitutional by the Constitutional Court.

All the other jurisdictions surveyed allow for excess embryos to be discarded, and disposal is required in several jurisdictions when the storage limits have been reached. This includes one Australian state, France, New Zealand, Portugal, Sweden, and the United Kingdom.."
Embryos and IVF