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Egg Donation

Legislation

Resolution of the Federal Council of Medicine

In May 2021, the Federal Council of Medicine updated the Resolution concerning matters related to Assisted Reproduction.

Read the Resolution

See the main topics and changes in the 2021 Resolution.

Age limit for undergoing treatment: Procedures can be indicated for women up to 50 years old, provided there is a possibility of success and a low probability of serious risk to their health or to the potential offspring.

Choice of baby’s gender: Patients undergoing this type of treatment cannot choose the gender or any biological characteristics of the child to be generated. The only exception is when the aim is to avoid diseases.

Number of embryos that can be transferred:

Women up to 37 years old: up to 2 embryos;

Women over 37 years old: up to 3 embryos;

In the case of euploid (healthy) embryos: up to 2 embryos, regardless of age;

In the case of egg donation: the age of the donor at the time of egg collection is considered.

Donation of gametes and embryos: Donation between relatives up to the 4th degree of kinship is allowed, provided there is no consanguinity.

Age limit for gamete donation:

Women up to 37 years old (exceptions to the female age limit may be made in cases of previously frozen oocyte and embryo donations, provided the recipients are fully informed of the associated risks);

Men up to 45 years old

Cryopreservation: The total number of embryos generated in the laboratory cannot exceed 8, and any viable surplus may be cryopreserved. Patients must express in writing their wishes regarding the disposition of frozen embryos in case of divorce or death.

Embryos frozen for more than 3 years: May be discarded if this is the expressed will of the patients, with judicial authorization. If embryos have been abandoned for the same period — that is, when those responsible have breached the contract and cannot be located by the clinic — disposal may also proceed with judicial authorization.

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