The need for regulation in the practice of human assisted reproduction in Mexico. An overview of the regulations in the rest of the world

Abstract

Background The emergence of assisted reproductive technology (ART) in humans has been an important tool for the treatment of infertility. The number of treatments performed in Latin America has been increasing, and Mexico is the third country with the most assisted reproduction cycles performed in the region. However, Mexico lacks a national regulation for assisted reproduction. Therefore, it is necessary to implement regulations that allow for a safe clinical practice based on ethics which can be available to any social group. Main body The aim of this review was to examine the existing legislation that regulates human assisted reproduction practices in Mexico, but also to examine the legal analysis of the policies, laws, and regulations in effect in some countries in Latin America, North America, and Europe. For this, seven databases were consulted, and 34 articles from 2004 to 2021 referring to the practice of ART within the legal framework and the anthropological analysis that this entails were analyzed. Eight documents were also consulted such as the Mexican General Health Law of the Official Journal of the Federation (February 7, 1984) with its last published reform (DOF 01-06-2021). And three official agency websites were also consulted. No specific legislation was found for human assisted reproduction practices in Mexico; however, assisted reproduction clinics are ruled under some agreements implemented by national organizations such as the Mexican Association of Reproductive Medicine and, at the Latin America level, the Latin America Network of Assisted Reproduction (abbreviated REDLARA in Spanish); in addition, the practice of ART is considered, although not explicitly, in the General Health Law. Conclusion In Mexico, there is no legal regulation in charge of assisted reproduction practices, which is why there is an urgent need to establish human assisted reproduction laws without incurring discriminatory and unconstitutional acts, and at the same time, be in accordance with scientific advances. This will allow a considerable reduction in the violation of human rights.

Policy action points and approaches to promote fertility care in The Gambia: Findings from a mixed-methods study

“…Regulations should be in place before the inclusion and implementation of ART in the health system. In fact, few studies cited that the regulatory component for assisted reproduction is often overlooked or missing, despite the provision of ART [ 57 , 58 ]. Moreover, ART clinics usually adopt their own rules, which leads to different standards of care [ 59 ], contributes to inequality in access, and may facilitate professional liberty, with medical protocols not always in line with evidence-based standards or adapted to the needs of patients [ 60 ].…”