The recent landmark Alabama Supreme Court decision on February 16, 2024, that ruled that frozen embryos are “unborn children” regardless of their location or any other ancillary circumstance, has brought much needed attention to the inhumane plight of over one million “unborn IVF children” who are frozen and abandoned in cryostorage tanks in US fertility clinics.

           

What is not well known to many policymakers and legislators in the United States is that two European countries (Germany and Italy) and two US states (Louisiana and Georgia) have already enacted model legislation to restrict IVF and cryopreservation to protect the lives and welfare of human embryos created in vitro from further abuse, harm, and death.

 

The focus of this brief article is to encourage its readers to research these important laws in Germany, Italy, Louisiana, and Georgia and to further promote their enactment in all 50 states.  

 

Germany

Germany has strict regulations regarding cryopreservation and experimentation on embryos due to its historical, ethical, and legal considerations.

 

1) Historical Context: Germany's approach to bioethics is heavily influenced by its history, particularly the atrocities committed during the Nazi era. This has led to a heightened sensitivity to issues related to human life and ethics. The memory of past abuses in medical research and experimentation by German scientists in the concentration camps during World War II has greatly contributed to a cautious approach in these areas.

 

2) Ethical Concerns: The German constitution and various other German laws now emphasize the protection of human dignity and the rights of individuals, and human embryos are viewed as possessing a moral status that should be protected. There is a strong ethical stance against the creation and manipulation of embryos for research purposes, as well as concerns about the potential for commodification and the reduction of human life to mere research material.

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3) Legal Framework: Germany’s “Embryo Protection Act” (1) enacted in 1990, establishes stringent regulations concerning the handling of embryos. This law prohibits the creation of embryos for research and experimentation; it prohibits the creation of not more than three embryos – which must be implanted - as a fertility treatment; and it also prohibits the cryopreservation of embryos unless it is a true emergency within a given fertility treatment.  The primary aim is to ensure that embryos are not used in ways that could be seen as exploitative or unethical.

 

4) Public and Political Opinion: There is significant public and political consensus in Germany against the use of embryos for research or their cryostorage beyond the immediate needs of fertility treatments. This consensus reflects a broader societal commitment to upholding stringent ethical standards in the realm of reproductive technologies.

 

Italy

Italy's approach to the cryopreservation and experimentation on embryos is governed by Law 40/2004, also known as the “Medically Assisted Reproduction Law” (2). This law reflects Italy’s strong stance on bioethical issues that are related to reproductive technologies and the protection of every human embryo’s life and dignity.

 

1) Ethical and Moral Considerations: Italy, with its strong Catholic influence, places a high value on protecting human life from conception. The Roman Catholic Church's teachings significantly impact Italian law and public opinion regarding reproductive technologies and embryonic experimentation. The Church’s position that human life begins at conception heavily influences the legal framework aimed at safeguarding embryos.

 

2) Protection of Embryos: In Italy, there is a broad ethical concern that human embryos should be protected and not subjected to experimentation, cryopreservation, or eugenics.  This ethical perspective is closely tied to the deep Christian cultural and religious values in Italian society.

 

3) Restrictions on Cryopreservation: Law 40/2004 initially prohibited the cryopreservation of embryos except under very specific circumstances related to fertility treatments. This restriction was aimed at preventing the cryostorage of embryos that might be used for purposes beyond medically assisted reproductive needs and to reduce the risk of embryos being discarded or used inappropriately.

 

4) Limitations on Research: Italy’s law prohibits experimentation on human embryos, reflecting a commitment to avoid using embryos as subjects for purely experimental purposes and/or research intended to develop new reproductive technologies.

 

5) Regulation of Assisted Reproductive Technologies: Law 40/2004 regulates assisted reproductive technologies by stipulating that only specific methods and procedures are allowed. For instance, the law limits the number of embryos that can be created and transferred to reduce and even eliminate the number of surplus cryopreserved embryos.

 

Louisiana

In 1986, Louisiana passed legislation (3) focused on the protection of frozen embryos, which was part of a broader set of legal measures designed to address ethical and legal concerns related to in vitro fertilization (IVF) and reproductive technologies. Here is a brief overview of Louisiana’s regulations that recognize and protect IVF embryos as “juridical persons” and also allows embryo adoption as an option for any surplus IVF embryos.

 

1) Legal Status of Embryos: Louisiana’s legislation recognized the embryos created through IVF as having a certain legal status that warrants protection. The law was designed to ensure that these embryos are treated with respect and care, reflecting the belief in the intrinsic value of human life from its earliest stages.

 

2) Protection from Death and Harm: The 1986 legislation in Louisiana established guidelines to safeguard frozen embryos from being subjected to unnecessary harm or death. This includes regulations regarding the handling, storage, and disposition of IVF embryos to ensure they are not discarded improperly or used in ways that could be deemed unethical.

 

3) Informed Consent: The law emphasizes the importance of informed consent for the handling and disposition of embryos. Individuals undergoing IVF treatments are required to be fully informed about the options for their embryos, including the potential risks and procedures involved in their freezing, storage, and future use.

 

4) Embryo Adoption: Louisiana’s legislation was notably forward-thinking in its early recommendation of embryo adoption as an option for surplus frozen embryos. This was a proactive measure aimed at addressing the issue of frozen IVF embryos when the original parents are no longer willing or able to care for them, but who still have the potential for life.

 

5) Ethical Influence on Policy: Louisiana’s early recommendation for embryo adoption reflected a broader ethical stance that sought to honor the potential life of IVF embryos rather than viewing them as mere by-products of fertility treatments. By promoting adoption, the law aimed to provide a compassionate solution to the dilemma of surplus frozen human embryos.

 

Georgia

Georgia’s pioneering Embryo Adoption Law (4), signed into effect in 1997, represents a significant development in reproductive technology law and bioethics. This legislation is notable for several reasons, particularly its focus on ethical public policy and the fundamental legal principles it embodies. Here is a brief explanation of its importance and why it could serve as a model for other states and countries:

 

1) Respect for Human Life: Georgia’s Embryo Adoption Law underscores a commitment to respecting and protecting human life from the earliest stages of development. By recognizing the inherent potential for embryos to develop into human beings and by providing an avenue for their adoption, the law reflects a deep respect for the intrinsic value of human life.

 

2) Ethical Management of Surplus Embryos: The law addresses the ethical challenges posed by surplus embryos—those created during in vitro fertilization (IVF) procedures that are not used by the original parents. By promoting embryo adoption as a solution, the legislation ensures that these embryos are given a chance at life rather than being discarded or destroyed.

 

3) Alternative to Destruction: By providing a legal framework for embryo adoption, Georgia’s law offers a compassionate alternative to the destruction of surplus frozen embryos. This approach reflects an ethical stance guided by moral considerations that protect human life.

 

4) Human Dignity: The law protects the principle of human dignity by recognizing that human embryos are human beings who must be treated with respect and care. This aligns with broader legal and ethical standards that emphasize the importance of valuing human life at all stages.

 

5) Family Law Integration: The law integrates embryo adoption into the family law framework, providing a structured process for adoption that includes legal considerations such as parental rights and responsibilities. This helps ensure that embryo adoption is managed in a manner consistent with existing family law principles that include the longstanding option of adoption.

           

Georgia’s Embryo Adoption Law is truly significant for its ethical approach to handling surplus embryos and for upholding fundamental legal principles such as human dignity from the moment of conception. It is model legislation that truly promotes an ethical solution to the growing crisis of frozen embryos that has been caused by unregulated IVF practices in the US.

 

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NOTE: These links provide access to the various laws discussed in the article above.

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1. Germany: https://www.rki.de/SharedDocs/Gesetzestexte/Embryonenschutzgesetz_englisch.pdf?blob=publicationFile

2. Italy:  https://pubmed.ncbi.nlm.nih.gov/15333237

3. Louisiana: https://biotech.law.lsu.edu/cases/la/health/embryo rs.htm

4. Georgia: https://catholicexchange.com/goergia-law-first-in-nation-to-govern-embryo-adoption/