The law states as a condition that it is probable that the serious disease will occur before the age of 50 and that no effective or expedient therapy is available for combating it. A selection of embryos based on their gender or other physical characteristics independent of a medical condition as well as the generation of so-called saviour siblings see module Saviour Siblings remains prohibited.
The number of embryos that may be created per IVF cycle has been increased from three to twelve. The freezing and storage of embryos is also permitted. The couples for whom PGD would be an option decide independently after detailed consultation whether they would like to carry out the examination. There is a duty to provide advice on the part of the doctors.
PGD and the involved embryo selection are generally permitted in licensed centres. The reasons for requesting PGD include serious genetic disorders, chromosomal disorders and the suitability as a tissue donor for a living affected sibling see module Saviour Siblings under certain conditions.
A selection in terms of the embryo's sex is strictly regulated: According to the guidancenote 10 of the Code of Practice 9th Edition, see module Legal Regulation of PGD in Great Britain published by the Human Fertilisation and Embryology Authority HFEA , such a selection is allowed to be carried out only in cases where there is a medical indication of a risk for a sex-related hereditary disease.
The regulations of PGD stated therein were amended several times by bioethics laws, most recently in July According to these laws, PGD is only permitted in order to prevent serious genetic diseases which are considered untreatable or incurable at the moment of the diagnosis.
It may not be applied if the anomaly responsible for the specific disease has not been clearly diagnosed beforehand in one parent or a direct relative.
Furthermore, the diagnosis may be applied for the selection of a saviour sibling see module Saviour Siblings. The diagnosis may only be conducted in an institution specially accredited for this purpose. It does not provide for a legal ban on PGD. Sex selection of embryos is prohibited. The diagnosis applied for the selection of a saviour sibling see module Saviour Siblings is only permitted if a PGD is indicated for genetic reasons.
Since June it is allowed to sort out embryos which show an increased risk for diseases such as hereditary cancer prior to implantation. In case of medical indications and after submission of a request to the competent bioethics commission, it is carried out in licensed centres.
Sex-specific embryo selection is prohibited, with the exception of selection in order to eliminate embryos with sex-linked diseases. This might be an abnormality that causes miscarriage or stillbirth, in which case the purpose of the testing is to give the best chance of a successful pregnancy.
Alternatively, it might be an abnormality that would affect any child born, in which case the purpose of the testing is to choose an embryo that is free of the disorder in question there must be a particular risk and the abnormality must carry a significant risk that the child will develop a serious disability, illness or condition.
Sex selection as a means of excluding abnormalities Where a serious condition or illness cannot be tested for directly but affects one sex significantly more than the other, PGD can also be used for sex selection i. PGD may be used to select the sex of a child for medical reasons to avoid a sex-linked disorder for example a disorder linked to the X chromosome such as heomophilia, a bleeding disorder. The laws governing PGD to screen for such disorders are described above.
PGD may however, also be used for sex-selection for non-medical reasons. A poll of Australians showed that they overwhelmingly opposed sex-selection for non-medical social reasons. The strong opposition usually reflects concern about sex discrimination, population gender imbalance for example, too many males in a particular population and the best interests of the child. PGD for HLA typing involves creating a child with tissue type that matches that of an existing sibling who requires tissue or organ donation due to illness.
It is also only relevant where parents are of a reproductive age. It may be considered when no other donor is available, and the only possibility of finding a donor is through a matched sibling.
Monetary damage awards are based on the costs of caring for children with debilitating defects, including lifetime medical and custodial care. Conclusion s : Facilities offering PGD services expose themselves to a new realm of liability in which damage awards can easily exceed the limits of a facility's insurance policy.
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