The draft law on in vitro fertilization requires clarifications and additions, but the law itself regulating these issues is needed – said in an interview with PAP the president of the Polish Society of Reproductive Medicine, Prof. Sławomir Wołczyński.
The Polish Society of Reproductive Medicine, as one of 16 entities, received the bill for consultation. Prof. Wołczyński is also the head of the fertility clinic at the Białystok clinical hospital and a lecturer at the Medical University of Białystok.
A law regulating in vitro fertilization is needed. The bill is in line with European regulations, and this is the most important thing, but it requires further details and additions – said the professor.
Wołczyński has doubts about some of the provisions, but – as he added – these are primarily technical doubts, and some of the provisions require clarification.
As an example, he gave the legal and administrative sanctions procedures in the draft, without the provision on appeal procedures. He added that there is also no definition of the time at which, for example, decisions on the closure of an in vitro facility are to be issued. He added that this may be due to administrative procedures, but it is not clearly stated in the draft.
The professor’s doubts are also raised by the provision on medical diagnostic laboratories, and these are not needed, but embryological laboratories are needed. He added that laboratories do not need diagnostics, but embryologists.
He also said that the provision on the establishment of Infertility Treatment Centers was not entirely clear. He added that the draft included a list of the duties of such centers, but there were no, for example, provisions regarding the benefits to be obtained by an entity that would establish such a facility.
Wołczyński also has doubts when it comes to the provision that the Minister of Health decides (specifying it in the regulation) which tests a candidate for donor should undergo. According to the professor, when it comes to non-partner donation, this provision is good, but in the case of partner donation – not. Does this mean that the minister will determine when a partner can and cannot be a donor candidate? The professor asks.
In his opinion, the draft should also contain a provision that the regulations to the act may be issued by the minister of health, but after consultations with scientific societies and the national consultant for in vitro matters.
In the regulation, the minister of health is to define, inter alia, standards and procedures for dealing with germ cells and embryos. The project also does not specify the number of embryos that could be created or implanted, or how long cells or embryos could be stored. These issues are also to be determined by the regulation of the Minister of Health.
Wołczyński also assessed that the possibility for a child born as a result of a non-partner donation to know the date and place of birth of the donor is not a good solution. He emphasized that it is different if the donor was born in a large city, and it is different if the donor was born in a small city, where it is easier to establish his identity. In his opinion, such a provision does not fully protect the donor.
According to Wołczyński, an important point is the provision on the collection, with the consent of the court, of cells from a donor who cannot consciously consent to it. But – as he added – this provision should be clearly specified in which cases the court may grant its consent: whether in emergencies, such as an accident, or – in the case of adolescents – due to oncofertilites, i.e. preservation of fertility in the future.
According to Wołczyński, the in vitro law should have been drawn up in 2006-2008. But – as he added – so far bills have only been bills. Due to the lack of support in the Sejm, they were not able to pass, stressed Wołczyński.
However, as he noted, the current government’s IVF funding program is developing. This shows that there is a social need to solve this problem. The European Union imposes on us that we must introduce the law and implement directives, said Wołczyński. However, the professor has concerns whether the current bill will gain support in the Sejm.
The draft provides, inter alia, that the in vitro procedure would be available not only for married couples, but also for people living together, and also as a non-partner donation. This type of donation or recipient would be anonymous and would apply to both reproductive cells and embryos. Infertility Treatment Centers are to be established – they will be announced by the Ministry of Health at least once a year; the centers will also include cell and embryo banks. There will also be a register of donors of reproductive cells and embryos, the database administrator will be the Ministry of Health. (PAP)