Regulatory frameworks and access to assisted fertilization in continental Latin America: comparative review

Oliva Retamal et al.

Objective

To analyze the regulatory frameworks on assisted fertilization in continental Latin America by comparing key aspects related to access, coverage, and beneficiaries. 

Methods

An exploratory descriptive study was carried out based on a review of laws, decrees, resolutions, and directives in force in 17 Spanish-speaking Latin American countries. The information was obtained from official sources in the areas of health, justice, and human rights, complemented by reports from international organizations. Regulations of assisted fertilization, egg cryopreservation, and surrogacy were analyzed; access, coverage, and beneficiary populations were considered. 

Results

Nine of the countries (Argentina, Brazil, Chile, Colombia, Costa Rica, Nicaragua, Panama, Peru, and Uruguay) have some form of specific regulation, while the others (Bolivia [Plurinational State of], Ecuador, El Salvador, Guatemala, Honduras, Mexico, Paraguay, and Venezuela [Bolivarian Republic of]) have legal vacuums, indirect regulations, or a lack of formal norms. Argentina and Uruguay offer the most comprehensive models, with universal public coverage. In Brazil and Chile, free access is restricted to the public system, while in other countries treatment is concentrated in the private sector. Cryopreservation is permitted in most countries that have regulations, with variations in duration and funding. Surrogacy is regulated only in Brazil and Uruguay, and partially in Colombia, while other countries prohibit it or have no regulations. 

Conclusions

The regulation of assisted fertilization in continental Latin America is heterogeneous and reflects structural inequities in access to reproductive services.

Article's language
Spanish
Original research