The sperm and oocytes of anonymous donations can no longer be used for in vitro fertilization (IVF) since March 31 under the Bioethics Law, but couples may still use their existing embryos, the Government decided on Thursday.
After decades, when the principle of the donor’s anonymity prevailed, the search for the genitator was possible thanks to this law of 2021: from its entry into force on September 1, 2022, the sperm donor or the oocytes donor must consent to the future dissemination of their identity to children who arise from this gift.
In accordance with this law, gradually implemented, a decree established the deadline for the use of gametes and embryos of anonymous donors on March 31. Consequently, thousands of stored embryos had to be destroyed, a situation denounced by associations and caregivers in recent weeks.
“Its use could limit the exercise of the right of access to origins”
Given these concerns, the Ministry of Health announced on Thursday in a statement that “the Embryos of the IVF that involves a donor of third parties and carried out before this date are not affected” by the entry into the force of the law and, therefore, will be preserved.
However, “its use could limit the exercise of the right of access to the origins” of children designed by artificial or IVFS insemination, which can now be most of them, request access to their identity, as well as the unidentifying data on them, continue.
“That is why the Medical Assistance Centers for Procreation (AMP) will completely inform the beneficiaries about the state of these embryos,” said the ministry, specifying that “before any use, they will be sent a document that attests to this information for the firm.”
“Common sense ended up prevailing, and above all the interest of the couple and respect for their project, and especially respect for the illustrated consent contract they have signed in due time,” Samir Semaamah, professor of Medicine and Reproductive Biology and head of service at the Chu de Montpellier reacted.
The new law “has not restricted the new donors”
The Ministry of Health had planned to receive professionals on Friday, then, on Monday, the associations, to inform them of their decision, but had to precipitate their ad after the publication of an article in the newspaper Le Paris informing about associations.
In a column published on February 19, the Bamp Collective Association had asked the Ministry “to review its destruction decision on March 31, 2025” and that “gave couples and women” who always have a parental project.
Since the creation of sperm and egg banks in 1973, it has been estimated that more than 70,000 children were born thanks to gamete donations.
The entry into force of the law “has not restricted the new donors,” he assures the biomedicine agency.
Source: BFM TV
