Sex Selection by Preimplantation Genetic Diagnosis (PGD) for Nonmedical Reasons in Contemporary Israeli Regulations

Abstract

We report here on recent developments in Israel on the issue of sex selection for nonmedical reasons by preimplantation genetic diagnosis (PGD). Sex selection for medical reasons (such as in cases of sex-linked genetic diseases) is generally viewed as uncontroversial and legal in European and American law. Its use for nonmedical reasons (like “balancing” the gender ratio in a family) is generally illegal in European countries. In the United States, it is not illegal, although in the opinion of the Ethics Committee of the American Society for Reproductive Medicine (ASRM), it is problematic. This position is undergoing reconsideration, albeit in a limited way.

Commanding the “Be Fruitful and Multiply” Directive: Reproductive Ethics, Law, and Policy in Israel

“…Ministry of Health regulation allows the use of IVF and Preimplantation Genetic Diagnosis (PGD) for sex selection of future children for medical and nonmedical purposes. 40 Professional guidelines permit, in some circumstances, the implantation of up to four fertilized eggs in the womb. Recent case decisions allow women to use sperm of a nonanonymous donor including married 41 and separated men, 42 and they approve the insemination of a married woman who is in the process of divorce, 43 contrary to specific provisions requiring anonymous donation or the consultation of the husband of a married woman.…”

The Israeli National Committee for sex selection by pre-implantation genetic diagnosis: a novel approach (2005–2011)

“…In Israel, non-medical sex selection by PGD has been regulated since 2005 in a manner different from that in other countries [ 4 ]. The regulation of PGD is based not on legislation; instead it is mandated by a directive of the Ministry of Health [ 5 ].…”

“… The applicants have received genetic counseling and information regarding all details of the PGD process, including chances of success, ethical considerations, with particular attention to the status and fate of the embryos of the non-selected sex. Applicants clearly understand that if healthy embryos of the non-selected sex remain, permission will not be granted for additional in-vitro fertilization (IVF) cycles for sex selection until the remaining healthy embryos have all been used by the couple for reproductive purposes [ 4 , 6 ]. Both parents have given informed written consent.…”

“…Applicants clearly understand that if healthy embryos of the non-selected sex remain, permission will not be granted for additional in-vitro fertilization (IVF) cycles for sex selection until the remaining healthy embryos have all been used by the couple for reproductive purposes [ 4 , 6 ].…”

“Before You Formed in the Womb I Knew You”: Sex Selection and Spaces of Ambiguity

“… 1. This is distinguished from selecting the sex of embryos for the purposes of avoiding sex‐linked “disorders.” My argument here is about sex selection for the purposes of “family balancing” or to avoid “damage” to the “mental health or well‐being of one or both parents or of a potential offspring.” For discussion of the latter in the context of recent decisions in Israel, see Grazi, Wolowelsky, and Kreiger 2008. …”