European Medically Assisted Reproduction Act - 2019
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I'm very pleased to see the act return in a new form with improvements suggested by various Councillors included. This is the kind of legislative work Europe needs, active not stagnant. This act will have the vote of the Archrepublic, however I wish to proposed three compromise amendments.
AMENDMENT I: Subclause III.6
Only establishments that are specifically authorised to do so may store and import gametes or gonadal tissue. Establishments that store donated gametes or gonadal tissue shall ensure that information on the identity of gametes or gonadal tissue donors is registered and reported to a donor register. Gametes and gonadal tissue shall not be provided for medically assisted reproduction procedures after the death of the donor. Special exemptions may be authorised by Member States on a case by case basis to allow the continued preservation and use for medically assisted reproduction after the death of the donor. Member States must notify the European Biotechnology Advisory Board of each authorisation within 24 hours of it being given; the European Biotechnology Advisory Board shall have 14 days from the point of notification to decide whether to overrule the authorisation subject to the submission of sufficient additional evidence.AMENDMENT II: Subclause III.12
Only establishments that are authorised pursuant to section III.33 to carry out medically assisted reproduction techniques may after authorisation store unfertilised oocytes and ovarian tissue. Unfertilised oocytes and ovarian tissue may only be stored if the conditions relating to medically assisted reproduction set out in this Act have been fulfilled or if an individual is to undergo treatment that may impair their fertility. Stored unfertilised oocytes and ovarian tissue may only be kept for as long as the interests of the individual from whom they were taken so dictateand it is considered medically justifiable. Stored unfertilised eggs and ovarian tissue shall be destroyed if said individual dies. Special exemptions may be authorised by Member States on a case by case basis to allow the continued preservation and use for medically assisted reproduction after the death of the said individual. Member States must notify the European Biotechnology Advisory Board of each authorisation within 24 hours of it being given; the European Biotechnology Advisory Board shall have 14 days from the point of notification to decide whether to overrule the authorisation subject to the submission of sufficient additional evidence.The Archrepublic views these amendments as necessary as to allow for partners who wish to have children together still even after the death of one. There are ethical and moral reasonings as to why this should not be allowed, however these vary greatly among the various member states of the European Union. This amendment allows for oversight and the option at least for there to be interventions when deemed necessary. I give the example of recently a Vayinaodic woman who had children with her then deceased husband via medically assisted reproduction and the preservation of his sperm. Oversight is totally necessary to prevent abuse, but whether this act should be allowed should be up to each member state with the EBAB providing regulatory assistance.
Another amendment which I am still mulling over is Subclause III.13, as part of me wishes to strike the act and other part wishes to amend it to be more clear on banning Gainful Surrogacy while still leaving altruistic surrogacy untouched for member states to rule upon. I would like to hear the opinion of other Councillors before I propose such an amendment since I know there was support to strike it previously.
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I suspect that not everyone who would like to contribute to this Act has had the chance to lay out all their ideas yet, or had proper time to discuss the latest proposed amendments. Thus, I am again extending the debate another 72 hours up until 23:00 GMT July 25th, 2019.
Edward Firoux
Council Speaker and Councillor for Inquista -
We welcome your amendments, Councillor Falk. I believe that they have helped broaden the reach of an otherwise categorical banning of the use of gametes or gonadal tissue from a deceased person for medically assisted reproduction.
However, and as former Councillor Maverick explained to Councillor Rodríguez, the intention of this proposed Act is not to regulate the commercial aspects of medically assisted reproduction but to avoid the bio-ethical concerns these practices may surface.
The same way my predecessor could not condone Councillor Rodríguez's call for a "common front" on the sharing of information pertaining to medically assisted reproduction between Member States, I myself cannot approve of an amendment being submitted with the objective to outlaw Gainful Surrogacy.
Whether there is a transactional basis to surrogacy or not is beyond the scope and intention of this Act. there is one variant of Gainful Surrogacy we believe should be, if not banned, at least discouraged, which is why we worded section III.13 as is.
Some professionals refer to the resorting to surrogacy by women that want to become mothers but do not want to go through the "inconveniences" a pregnancy entails as "social surrogacy" or "designer surrogacy". We know for a fact that, due to socio-economical or professional factors, some women believe that they can't risk getting pregnant, either because that will affect their careers or because, sorry to put it so frivolously, their body shape will be deeply altered to the point they will "no longer be attractive".
To this I say, isn't it a fact that the very existence of this kind of surrogacy does nothing but perpetuate the sexist grounds on which it lays its foundations?
This practice exploits both legal and moral loopholes currently undercutting our efforts to maintain surrogacy in particular as an ethical path towards parenthood.
But, again, I shall not approve the banning of gainful surrogacy. I believe that it would be in the best interest both of the Union and the Councillors that want to see this proposed Act prosper not to sanction the outlawing of an entire market Union-wide, and that here, national prerogative should be applied.
Thus, we propose the striking of section III.13.
May we only clarify that, at the present time, the donation of gamete producing organs and tissue from one individual to another without there being a genetic link between them is currently clinically impossible, thus why we proposed the banning of such transplantations in the same section.
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The debate has ended. Voting on amendments has begun. Voting on amendments will continueuntil 01:30 GMT July 28th, 2019.
There are THREE proposed amendments. The amendments are as followed:
AMENDMENT I: Subclause III.6
Only establishments that are specifically authorised to do so may store and import gametes or gonadal tissue. Establishments that store donated gametes or gonadal tissue shall ensure that information on the identity of gametes or gonadal tissue donors is registered and reported to a donor register. Gametes and gonadal tissue shall not be provided for medically assisted reproduction procedures after the death of the donor. Special exemptions may be authorised by Member States on a case by case basis to allow the continued preservation and use for medically assisted reproduction after the death of the donor. Member States must notify the European Biotechnology Advisory Board of each authorisation within 24 hours of it being given; the European Biotechnology Advisory Board shall have 14 days from the point of notification to decide whether to overrule the authorisation subject to the submission of sufficient additional evidence.AMENDMENT II: Subclause III.12
Only establishments that are authorised pursuant to section III.33 to carry out medically assisted reproduction techniques may after authorisation store unfertilised oocytes and ovarian tissue. Unfertilised oocytes and ovarian tissue may only be stored if the conditions relating to medically assisted reproduction set out in this Act have been fulfilled or if an individual is to undergo treatment that may impair their fertility. Stored unfertilised oocytes and ovarian tissue may only be kept for as long as the interests of the individual from whom they were taken so dictate. Stored unfertilised eggs and ovarian tissue shall be destroyed if said individual dies. Special exemptions may be authorised by Member States on a case by case basis to allow the continued preservation and use for medically assisted reproduction after the death of the said individual. Member States must notify the European Biotechnology Advisory Board of each authorisation within 24 hours of it being given; the European Biotechnology Advisory Board shall have 14 days from the point of notification to decide whether to overrule the authorisation subject to the submission of sufficient additional evidence.Amendment III:
13.PROHIBITION AGAINST EGG DONATION AND TRANSPLANTATION OF GAMETE-PRODUCING ORGANS
The donation of oocytes or parts of oocytes by one individual to another is to be the last resort when performing medically assisted reproduction. The transplantation of gamete-producing organs and tissue from one individual to another for the purpose of treating infertility is prohibited. -
We request that our proposal to strike section III.13 also be subject to voting.
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We vote FOR all amendments.
HE Guillermo de Berlanga y Prieto
Councillor of the Republic of Derecta -
On behalf of the Archrepublic of Vayinaod, I vote FOR all the proposed amendments.
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I am extending the amendment voting period for 24 hours, until 01:30 GMT July 29th, 2019.
On behalf of the Microstate of Inquista, I vote FOR all amendments.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Apostolic Kingdom of Angleter, I, Cllr Hrayr Cruthin, vote FOR all three amendments.
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Voting on amendments has concluded. All three amendments have PASSED.
Voting on the final version of this Act has now begun and will conclude on 05:00 GMT August 1st, 2019.
On behalf of the Microstate of Inquista, I vote FOR this Act.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Apostolic Kingdom of Angleter, I, Cllr Hrayr Cruthin, vote FOR this Act.
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On behalf of the Republic of Derecta, I vote FOR this Act.
HE Guillermo de Berlanga y Prieto
Councillor of the Republic of Derecta -
On behalf of the Archrepublic of Vayinaod, I, Carita Falk, vote FOR this act.
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"Mr Speaker, should we assume this Act has passed? We would like to submit another proposal to the Council, but will wait until the EMA Act has become part of the Acquis communautaire."
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With 4 votes for, this Act has passed.
Edward Firoux
Council Speaker and Councillor for Inquista
