The Supreme Court He urged the Congress of the Nation to legislate for the regulation of cryopreservation of embryos humans. The request was made in the context of a case in which a couple asked for authorization to interrupt the process of three embryos cryopreserved cells obtained through assisted fertilization techniques in a clinic in Buenos Aires.
The clinic in question informed the couple that they could interrupt the process by means of a judicial authorization since this type of case is not covered by any type of legislation. After their request was rejected in the first instance, the ruling was appealed and the Chamber I of the National Civil Appeals Court revoked the denial since there were no disputes between the parties to terminate the contract.
Meanwhile, the Attorney General’s Office and the Public Defender of Minors and Incapacitated Persons filed extraordinary appeals which, when denied, motivated the presentation before the Supreme CourtIn response, in the ruling, signed by Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda and Ricardo Lorenzetti, the appeals were dismissed since he cannot appeal because he is not part of the process.
At the same time, from the Supreme Court They argued that “the actors consented to the decision that ended the lawsuit, the clinic that preserves the embryos stated that he had no interest in being part of the litigation and the head of the Public Defense Ministry – who before the chamber and before this Court, through the Deputy General Defender of the Nation, had assumed the representation of the embryos– withdrew the complaint appeal.”
Furthermore, the Court ruled that “the present judicial process, given its circumstances, is concluded and the Court is prevented from issuing a ruling in these proceedings due to the absence of a case or controversy that enables its jurisdiction (Article 116 of the National Constitution).”
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Likewise, the Supreme Court He added that “the importance of the underlying problem and the uncertainty that it generates in the different subjects involved in assisted human reproduction techniques with embryo cryopreservation, derived mainly from the lack of regulation in the matter, cannot be ignored.” For this reason, he urged the Congress of the Nation “to assess the need or convenience of using its constitutional powers to specifically regulate the matter in question.”
