LDCS : the change in the law ? The hot spots of the project

the LDCS. The law of bioethics is to return to the national Assembly since Monday. On the LDCS for all as on the LDCS in general, some critical points, only the

LDCS : the change in the law ? The hot spots of the project

the LDCS. The law of bioethics is to return to the national Assembly since Monday. On the LDCS for all as on the LDCS in general, some critical points, only the debate. Tour of the horizon.

Summary Draft law on the LDCS The LDCS what is it ? Definition The LDCS for all Reimbursement of the least developed countries for all LDCS post-mortem PMA and GPA, what's the difference ? The LDCS in France

[updated on the 27th July 2020 at 15h11] After a delay related to the pandemic coronavirus, and then to the cabinet reshuffle, on Monday, July 27, marked the return of the project of law bioethics at the national Assembly, second reading. Among them, the repayment of the LDCS for all women , who had been removed from the text by the senators in the first reading... but was, in the meantime, re-introduced in the text by the mps, by the intermediary of the special commission responsible for the draft law. In the present text, are no longer excluded from the reimbursement of the LDCS female couples and single women do not suffer from infertility, but also heterosexual couples unable to conceive a child, without having been diagnosed infertile. Meps stipulate on this point that "the medically assisted procreation is intended to respond to a parental project. Any couple consisting of a man and a woman or two women or any woman not married have access to medical assistance to procreation". In the first article of the text, emphasis is also made on this equality : "this access can only be the subject of any difference of treatment, particularly with regard to the marital status or sexual orientation of the applicants."

Why is the refund of the LDCS for all debate ?

Some put forward including the context of the very high cost of the coronavirus to the social Security, considering that it is more urgent than to repay the new medical aid to procreation. If 60% of gynaecologists are in favour of support for the LDCS and for all, they are only 37.2 per cent say "yes" to refund, versus 44% to be opposed to this, according to a questionnaire sent at the beginning of 2020 to the members of the CNGOF (Collège national des gynécologues et obstétriciens français). a
in contrast, the associations found abnormal that this new law is, once adopted, easily accessible to the more affluent. According to Virginia Rio, founder of the collective "Bamp" accompanying of couples affected by infertility, with 20 Minutes, "If we do not repay, what interest have the women to do their exams at the hospital in France ?. They will continue to go to Spain, Belgium, searching for a donor on the Internet, to have a child with the next door neighbor... It is as if one said to the aids 'we do not reimburse the homosexuals' !". And Mary Nozain, co-founder of the association Mam'ensolo, and which has given birth to a son through a PMA in 1998, in Belgium, you bid : "This is not because it is solo or lesbian, that we are in good health. Me, I had endometriosis for example. The legislators live in what world ? We do not judge people who choose to have 15 children, we contribute with our taxes. We do not understand why we would be rejected.".

Why the LDCS post-mortem debate ?

The LDCS post-mortem has been rejected both by the deputies, the senators, and then the commission. Concretely, at the time it is, the prohibition of the use of embryos if one of the parents dies (whether heterosexual or homosexual) would be maintained. If these cases are rare, the widows are a very difficult situation, since they are deprived of the right to sue an IVF (in vitro fertilization) with frozen embryos. a
Virginia Rio, recall that the founder of the collective accompanying of couples affected by infertility "Bamp", railed against the ban : "But you can give in a generous gesture to another couple affected by infertility !, quips she. "And then have access to a sperm donation. This does not apply to big world, but it is symptomatic of the law." For Mary Nozain (co-founder of the association Mam'ensolo) also, it is necessary at any cost to change this provision in the text : "You treated this woman as a minor, as long as she is married, she had access to her frozen embryos, but the widow not. The deputies were taken to the opinion of any expert in the country where it is made." a
on the side Of the CNGOF (Collège national des gynécologues et obstétriciens français), "the possibility, for the woman had become a widow, to obtain the transfer of embryos from a parental project, earlier is desired by 50.6 per cent of the practitioners, framing in the time this ability between 6 months and 18 months after the death of the spouse." For its part, Silvia Alvarez, a gynecologist and member of the office of Collective Centres, Private AMP French, reminds us that, in Spain, the centres of AMP have settled the matter by asking the couple to give permission (or not) to use the gametes in the event of death from the beginning of the course. a
Silvia Alvarez, a gynecologist and member of the office of Collective Centres, Private AMP French AMP (= medical Assistance to procreation), points out that in Spain, the centres of AMP demand from the beginning of the course of care to the couple to give (or not) its approval (or not) on the use of gametes (reproductive cells male or female) in case of death of one of the two parents.

Why the exclusion of private centres for the storage of gametes is subject to debate ?

In the present text as reviewed by the commission, "only those institutions that are public or private non-profit authorized to that effect may keep the embryos intended to be accommodated and implement the procedure of home". However, once the self-conservation of gametes, which was now limited to medical reasons, will be extended to women who wish to freeze some for later their eggs, this amendment may make more difficult the access to the self-conservation of gametes, as well as the LDCS for the parents-to-be in general, whatever they may be. a
In summary, the private centres will always be available to heterosexual couples, but for the levy, and the conservation of embryos, the current amendment says that this will only be possible in the public sector. Gold, peak in 20 Minutes, Virginia Rio, co-founder of the collective support of parents affected by infertility "Bamp", "in France, more than half of IVF are performed in the private sector, and it comprises fourteen departments that do not have a public offering of AMP. We can not consider that it opens up new rights if there is no device behind it to make it effective. "The needs will increase with the onset of new patients, and the periods lie especially in the public. Yet, writes Virginie Rio, the caricature made of the private has no place to be : "The doctors are doing the same studies, they are allowed, controlled by the same bodies, they are said to be willing to maintain specified rates not to be in the process liberal". a
For Silvia Alvarez, a gynecologist or a member of the office of Collective Centres to Private medical Aid to procreation, French, exclude the private sector from the conservation of the gametes, "that would be going against what is done in Europe".
As for the CNGOF, it specifies that we risk by remaining on this version of the text, a discrimination : "These centres will prefer to just title the women with cancer, the preservation of which is urgent, and they will be able to take care of that very few women who want to have a conservation without medical reason".

the Draft law on the PMA

The draft law, bioethics, arrived on 24 September to the national Assembly. It is the first major reform of social of the quinquennium Macron, analysis of the AFP. The text of the law consists of thirty articles in total, covering many topics, from genetics to artificial intelligence through organ transplants, embryonic stem cells and reproduction. Among the main measures in this text is the extension of medically assisted procreation (PMA) to single women or to lesbian couples, a promise of the candidate Macron in the presidential campaign of 2017.

September 24, 2019 : arrival of the project of law bioethics at the national Assembly Mid-October 2019 : the voting of the draft law to the Assembly January 23, 2020 : the Senate vote "for" the opening of the LDCS to all women February 4, 2020 : after a wide-ranging recasting of the text, the Senate voted the adoption of the draft law, bioethics, by 153 votes against 143 July 27, 2020 : entry into second reading of the text to the national Assembly

NOTE : a second reading will also take place in the Senate, but these are the mps who will ultimately have the last word

The LDCS for all

The PMA for all , in other words, the opening of medically assisted procreation for single women and lesbian couples, was adopted in first reading in the national Assembly, on September 27, 2019 : article 1 the text of bioethics was adopted by 55 votes to 17. This was before the adoption of the draft law of bioethics itself, also in its first reading on 15 October. This is actually the first article of the draft law on bioethics that speaks to the LDCS and for all. It is therefore anticipated to expand to include single women and lesbian couples access to medically assisted procreation (PMA), until now reserved for heterosexual couples unable to have a child. The LDCS for transgender people, and the LDCS post-mortem examinations have, however, been rejected. At the end of September, the national Assembly has also voted another article of the draft law to enable children born of medically assisted procreation (map) to have access to their origins to their majority.

A Senate in favour of the least developed countries and for all", but not to its repayment

On January 23, the Senate (majority right) was voted to the opening of the medically assisted procreation (map) for all women, including lesbians or singles. Article 1 of the draft law on bioethics, which focuses on this emblematic measure of the "LDCS and for all", campaign promise of Emmanuel Macron, had been voted to 160 votes in favour, 116 votes against . But the senators had, however, wish to limit to LDCS in character "medical" (i.e., a formal finding of infertility) the repayment of the LDCS by the Safetyé social. For Agnès Buzyn, minister of Health of the time, deprive single women and lesbian couples of support, is tantamount to undermining the "principle of equality and solidarity".

What are the arguments of the senators opposed to the "LDCS and for all" ?

While the Manif for all called for a rally, on the 24th of last January, following the vote by the senators from the opening to the least developed countries and for all", the senators who are, rightly, against the extension of the LDCS, have listed their arguments :

risk of a "slide" to the GPA (gestation for others) impact on parenting and the organization of a "making of orphans of a father" (Jean-Pierre Leleux, LR) fear of commodification, or "first artificiality of the creation of life" (Alain Richard, LREM)

the final adoption of The text should not take place before the summer of 2020. If the LDCS for all does not create the same hysteria that the debate on marriage for all in 2013, several demonstrations have already taken place to oppose it, under the aegis inter alia of a group of 22 associations anti-PMA, "Walk for kids !", which is included in the Manif for all. The movement is indignant against a PMA "without a father". The PMA for all is the first major reform social of the quinquennium.

PMA what is it ? Definition

The medically assisted procreation or PMA, refers to the medical practices to assist reproduction in cases of impaired fertility. In practice, two techniques of LDCS are currently authorised in France : in vitro fertilization (IVF) and artificial insemination. The IVF is to artificially stimulate fertility by hormonal injections, in hyperstimulant the ovary, and then to aspirate the follicles obtained, to cause the fertilization of the oocyte in the laboratory by a sperm and then an embryo development, and finally to carry out an embryo transfer into the uterus of the future mother. Artificial insemination is it to introduce, artificially, the semen in the uterus of the woman.

LDCS and the GPA : what's the difference ?

While the LDCS corresponds to using the medicine to procreate in the case of fertility impaired, the GPA or surrogacy, refers to a process of gestation is directed by a "surrogate mother" for an "intended mother". Concretely, a mother carries the child of another woman desire to have a child, but in the inability of the wear itself. Most often, the surrogate mother has no relationship with the parents so-called "intentional". These provide the embryo, either through their own eggs and sperm, or through a donation of gametes. The GPA is prohibited in France, but allowed in the United States, Canada, Russia, Ukraine or even Greece.

The GPA had to be entirely absent from the law of bioethics, but on Friday, 4 October, she is nevertheless invited into the debates through a decision of the Court of cassation and the amendment of a member of parliament, during the consideration of the text. The Court of cassation has of its side the parents of two twins born of the GPA, recognizing a bond of filiation between the first and second. At the same time, an amendment submitted by the mp LREM Jean-Louis Touraine aimed to address this issue of the administrative status of children born of surrogate mothers abroad, was adopted at the Meeting. A "quack" that the government had promised to repair.

The LDCS in France

Date Of Update: 27 July 2020, 09:57

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