They warn there is a legal loophole in surrogacy and non-implanted embryos

member of National Ethics Committee in Science and Technology He assured that Argentina has “great” legislation on health and human rights. He stressed, however, that there are some debts to be paid, particularly with regard to assisted human reproduction and sexual and gender diversity issues.

In addition to debts at the time of its presentation existing projects to try to organize these topics

non-implanted embryos

Lamm explained that he has a regulatory debt related to this. what to do with non-implanted embryos and frozen in the country’s breeding centers. According to the latest available data, s commentedwith about 100 thousand nationwide.

The expert explained that there are legislation and international decisions that determine that these embryos are not a person and cannot be treated as such, but there is no regulation that provides clarity to both their owners and central authorities regarding their destination. reproductive. He said it could be determined if it was demolished, used for research purposes, or donated to other couples, but that this had to be done under a regulatory framework that currently does not exist.

This lack of legislation—Lamm with comment—causes determinations are made without explicit regulationor that people should apply to Justice to authorize the destruction of embryos or some other destination where they intend to give the embryos to their owners.

Lamm thought Argentina had advanced health-related legislation, but flagged pending issues. Photo courtesy of the Supreme Court Public Information Secretariat.

Pre-Implantation Genetic Diagnosis

One of the debts that the lawyer revealed was the debt that existed in the environment. Pre-Implantation Genetic Diagnosissituations that are not included in the general health insurance and create injustice from their point of view. He explained that this assisted reproductive technique involves analyzing embryos in vitro to detect any congenital defects that hinder pregnancy or imply the development of a fetus with severe degenerative defects.

Lamm said the debate on the issue began in 2014 when a couple applied for an amparo to access this technique, which was not among the mandatory benefits in Mendoza. One year later, Nation’s Supreme Court of Justice rejected the request on the grounds that it should not be covered as it is not among the compulsory aids.

As a result of the decision of the highest court -professional explained- they presented before a complaint Inter-American Court of Human Rightsunder negotiation. He said the goal is to reach a friendly agreement where Argentina recognizes its international responsibility by not allowing equal access to this technique.

surrogacy

Lamm said there is another loophole. No surrogacy arrangementAn assisted human reproductive technique in which a woman agrees to impregnate the son or daughter of another person or couple with whom she has no legal ties.

Faced with this legal loophole, he explained, there is already 80 court decisions in the country The subject and four cases pending to be decided at the Supreme Court for years were mentioned. boys and girls who maintain an indefinite commitment.

The expert said that because of this lack of regulation, many people came to the Autonomous City of Buenos Aires (CABA) and issued a decision allowing preventive registration of babies born with “solidarity substitution”. He commented that 35 boys and girls have already registered, according to his response to a public request for information in 2022.

The Legal and Bioethics expert stated that this issue is transcended by gender, because who breaks the equation gives birth-pregnancy-care, because whoever gets pregnant and gives birth doesn’t care. And also – he commented – in some cases it’s not a heterosexual couple who cares, but two men, two women, or a single person.

Professional, Surrogacy is a practice of reproductive freedomFor this reason, it considered it necessary to regulate it by law, taking into account all the rights in question, especially boys and girls. In this context, he stated that 16 projects on this subject were presented at the Congress.

Sexual and gender diversity

Another legislative debt is debt that refers to issues of sexual and gender diversity, Lamm said. A central issue, he commented, Registration and health access for transgender minors and adolescentsAccording to the provisions of the Civil Code, that is, from the age of 13, they can access hormonal treatments and from the age of 16, they can access surgeries with their consent. He explained that in this sense. needed to update Gender Identity Law To those specified in Article 16 of the Civil and Commercial Code.

Another point where Lamm stresses the need for progress is that: identity. In this sense, he assured that the entry into force of the 2021 national decree establishing the possibility of non-binary identification is a historic event. However, he commented that the discussions on this issue continue.

“This raises questions about what we do with sex, what doctors wear when people are born, why they define a person’s identity according to a bianatomy that has nothing to do with identity. “People have no gender, they have different sexual characteristics,” he said.

In this theme, Lamm, Considering that 1 out of every 2 thousand people born is intersex They are intersex, meaning their sexual characteristics deviate from this double mean. What is being done? he asked: “Normalization” operations are being carried out, which has serious health consequences and guarantees that people’s human rights are violated.

“In fact, we are the ones who have to adapt to diversity, not bodies that have to adapt to our dual bodily structure. Therefore, the normalization operations of intersex people are not only because they violate all human rights, but also because they violate our Gender Identity Law It tells us that corporeality has nothing to do with identity.”

The professional said – despite this legal framework – there are still discussions about him. How to register intersex people and it is currently done by following the “best perspective”. i think so assigning a third gender is not the solutionbecause it violates confidentiality and supports operations.

“Intersex people don’t identify themselves in a third box, so you don’t have to create more genders, you have to eliminate them all,” she said.