At its Tuesday session, the government adopted a draft law on the treatment of infertility, including the method of in vitro fertilization. According to the proposed regulations, IVF will be available not only to married couples.
The project was prepared by the Ministry of Health; at the end of February, its adoption to the Council of Ministers was recommended by the Standing Committee of the Council of Ministers.
During the press conference after the end of the government meeting, Prime Minister Ewa Kopacz emphasized that the project concerns all forms of combating infertility, which has become a civilization disease and concerns 1,5 million couples in Poland. She recalled that today there are no regulations regarding the in vitro procedure in the national law.
Therefore, I believe that regardless of views, both on the left and on the right, today there is such a belief that the current state, in which there is no legal regulation, is morally questionable and potentially dangerous medically, she added.
She assessed that the proposal prepared by the Ministry of Health not only solves the problem of infertile couples, but also represents a huge progress in the area of embryo protection.
Kopacz emphasized that together with the Minister of Health Bartosz Arłukowicz they will look for broad support for the proposed provisions. Human dramas, and such is sterility, are neither left-wing nor right-wing, ‘she said.
She noted that the draft was prepared with all due diligence so that its provisions constitute the broadest possible consensus on this matter.
Asked if she was not afraid of a conflict within the Civic Platform regarding in vitro fertilization, she informed that she and Arłukowicz met the conservative wing of the party and discussed the bill in detail, point by point.
We also accepted their comments, which were taken into account in this project. Today, with a dose of optimism, I can say that there should be no dispute in the Platform regarding the scope of this project, she said.
She emphasized that one of the arguments convincing conservatives is that, according to the project, IVF is an optional method, used only after 12 months of proven ineffective infertility treatment.
So if there is someone who has a worldview that does not allow him to use this method, he will not use it. There is no compulsion. However, if someone wants to use this method (…), he will be able to use it in a way that will bring safety to him and the embryos that were created as a result of this method – she said.
The minister of health also pointed out that the project deals with the issue of infertility in a comprehensive manner. In the act, we described the methods of combating infertility, we described how infertility should be diagnosed, and how infertility should be treated – with all available methods: hormonally, surgically, and also using the IVF method – he said.
Arłukowicz emphasized that the draft defines procedures to ensure the safety of parents, children and embryos. He emphasized that the key principle followed by its authors was to ensure the safety of the infertility treatment procedure in all its dimensions.
He informed that the project envisages the establishment of infertility treatment centers certified by the Ministry of Health in Poland. He emphasized that the facility would be able to become such a center if it meets the conditions of full, comprehensive diagnosis and treatment of infertility.
Each center that will deal with the IVF procedure will have to have a special permit issued by the Ministry of Health. Each cell bank will also be certified by the minister of health. The Ministry of Health will conduct systematic and systematic inspections of all centers that deal with both the in vitro procedure and infertility treatment – added the minister.
He also noted that personnel working in in vitro centers and cell banks will undergo regular training in centers accredited and controlled by the Ministry of Health. He also emphasized that the project introduced clear and legible prohibitions on the destruction and trade in embryos and reproductive cells.
He also recalled that the proposed legislation stipulates that after 20 years of storage, the embryos will be submitted for adoption, which, in his opinion, will ensure that all embryos that will be stored have a chance for their development.
Arłukowicz noted that he predicted that both the Sejm and Senate debate on the bill would certainly be difficult. He stressed, however, that he was optimistic about finding a compromise and having the law passed by parliament during this term of office.
According to the draft, the IVF procedure will be available to married people and people living together, confirmed by a consistent declaration.
The draft prohibits the creation of embryos for purposes other than in vitro fertilization. It also limits the possibility of creating supernumerary embryos – no more than six eggs can be fertilized. More embryos can be created when the woman turns 35 or when there are indications for it – a disease coexisting with infertility and earlier, ineffective treatment with in vitro fertilization twice.
The embryo can be donated to an anonymous recipient. It will be possible, among others after confirming – on the basis of phenotypic data – the similarity of the recipients of the embryo with its donors. Embryos whose both donors have died will also be donated for anonymous donation.
The draft law prohibits the destruction of embryos capable of proper development (this is to be punished with imprisonment from 6 months to 5 years).
The proposed legislation prohibits preimplantation genetic diagnosis to select phenotypic traits, including the sex of the child. The only exception are situations when such a choice allows to avoid a severe, incurable hereditary disease.
So far, there is no law in Poland that would regulate the application of the in vitro procedure. The current law on tissues does not contain provisions concerning reproductive cells, embryonic tissues and fetal tissues. For incomplete implementation of the EU directive on the quality and safety of human tissues and cells – as indicated by the European Commission last year – Poland is facing a heavy penalty. (PAP)