She wants a baby with her late husband. Mariana Gonzales-Gomez, a Spanish 31 years, would be frozen gametes inseminate her husband died of cancer. She claims the transfer to Spain of the sperm of her husband, the Italian Nicola Turri because the post mortem insemination is prohibited in France.
Following the negative opinion of the Administrative Court, the rapporteur State Council has supported the request of the young woman, Friday, May 27 “We advocate the export of sperm,” said the rapporteur public, Aurélie Bretonneau, who spoke an “exceptional” situation.
Turri couple had moved to Paris in 2013. Reached by cancer, the husband of Mariana had freeze their gametes in 2013, anticipating a treatment that can make it sterile. In remission, he then contracted leukemia, which was fatal. According to counsel for the widow, David Simhon, the death of Nicola Turri, July 9, 2015, addressed “an hour before the appointment with the notary to give consent to medically assisted procreation (MAP) in his lifetime “.
the lawyer argues that conceiving a child through insemination post mortem is not a big difference with natural procreation, carried out shortly before the death of the father. David Simhon, the court’s refusal to allow the export of gametes in Spain, where the post-mortem insemination is authorized door “undermining a fundamental freedom”: the right to parent the biological sense. “L’Observateur” back on the terms and the legal framework for the post-mortem insemination.
# How does one conduct a post mortem procreation?
There are two ways postmortem childbearing through medical assistance: insemination and embryo transfer. “In the first case, the sperm is injected directly inside the uterus of the woman when she ovulates,” explains Carine Brochier, project coordinator at the European Institute of Bioethics Brussels. “But the outcome is far from guaranteed,” she said.
“The second case is that of in vitro fertilization (IVF). The woman is stimulated by hormones and we will take under local anesthesia her eggs. then the thawed sperm assistant there. then selects from embryos that which presents the least risk of developing disease before the re-implant in the body of the woman. “
embryos can be stored at a temperature of -196 ° C and about 5 years gametes, 10 years. According to Carine Brochier, only 15% of procreation made from frozen sperm are successful. “The failure causes great disappointment for women who consider the post mortem procreation as their last chance to have a biological child with the man they loved,” says the specialist in bioethics.
# What does the French law?
According to the Code of public health, assisted reproduction “ is to remedy the infertility of a couple or prevent transmission to the child or to a member of torque from a disease of particular severity . ” The law states that “the man and the woman in the couple must be living in child-bearing age, and prior consent to embryo transfer or insemination.”
in France, any form of post-mortem reproduction is prohibited since the insemination is reserved for couples living. This is the first principle of the interests of the child prevailing in French law. The right of the child rather than the right to the child. A law that Corine Brochier believes “wise and rational” because it prevents it claims to “give birth to a child orphaned from before his conception.”
It is on this legal basis that s Mariana is denied the transfer to Spain of her husband’s gametes. This position is being defended before the Council of State by the Biomedicine Agency and the Assistance Publique-Hôpitaux de Paris, to which the Centre for Studies and conservation of eggs and sperm (Cecos) Hospital tenon, where is preserved the seed of Nicola Turri.
This is not the first time that the issue of the post-mortem insemination was laid in France. In 2009, Fabienne Justel was committed without success in a legal battle for the right to be inseminated gametes of her husband, who died in 2008 from cancer. Lively debate then punctuated the review of the bioethics laws in 2011 to allow the practice. At the time, the national ethics committee had given a favorable opinion on the transfer of postmortem embryo but rejected the hypothesis of a legalization of post mortem insemination. The law was eventually not changed.
# Which countries allow the post mortem insemination?
Belgium , Spain, the Netherlands and the UK allow post mortem procreation, as evidenced by a comparative study of the legislation made in 2011 at the request of the Senate. The operation may take from six months to ten years after the death, depending on the country. In Spain the post mortem insemination is allowed up to a year after the death of the father. Filiation is established automatically. Mariana Gonzales-Gomez has until July 10 to win the case.
The Spanish 2006 law on assisted human reproduction techniques, stipulates that the post-mortem insemination necessarily requires an agreement companion of the mother. For Mariana, “the couple had decided to engage in a fair reproduction path before (l) death (Nicola)” said David Simhon. “His death has interrupted the process, but Nicola had left a sort of will in which he wishes his wife could use their gametes after his death.”
The young man of 30 years had indeed expressed his desire for children in these lines, published in the columns of “the World” on April 22: “Before no longer able to write, I want to give you guidance on the only thing that matters in my today life and instability of my future, glitter (sperm, Ed). I would like Mariana can make use if it wants (…) that leukemia was to be fatal for me. “
the decision of the administrative justice should come to confirm the opinion of the public rapporteur. But in the case of a refusal, Mariana Gonzalez-Gomez plans to bring the European Court of Human Rights (ECHR). It could then request the suspension of the period of one year from Spain.