Cap. 524 Art. 11Prohibition of cloning. embryo transfer, and artificial fertilisation after death.
(1) Any intervention seeking to create a human being genetically identical to another embryo, foetus, or human being, whether living or dead, is prohibited and for the purpose of this article, the term "genetically identical" means a human being sharing with another the same nuclear gene set.
(2) Whosoever intervenes or participates in any artificial intervention as referred to in sub-article (1) shall be guilty of an offence and, on conviction, shall liable to the punishment of a fine (multa) of not less than ten thousand euro (€10,000) and not exceeding twenty-three thousand euro (€23,000) or to imprisonment not exceeding five years or to both such fine and imprisonment.
(3) Whosoever transfers into a woman an embryo as referred to the woman, whose egg cell is to be fertilized, or without the consent of the man, whose sperm cell will be used for fertilization;
(b) transfers an embryo into a woman without her consent;
(c) knowingly artificially fertilizes an egg cell with the sperm of a man before or after his death, except in the case where the deceased has donated his sperm;
(d) knowingly artificially fertilizes an egg cell of a woman before or after her death, except in the case where the deceased has donated her egg cells, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than ten thousand euro (€10,000) and not exceeding twenty-five thousand euro (€25,000):
Provided that the punishment shall be decreased by one or two degrees -
(i) as regards the woman whose egg has been fertilized, in respect of paragraph (c); and
(ii) as regards the man whose sperm was used for fertilisation in respect of paragraph (d).
(2) Nothing in this Act shall be construed or interpreted in a way as to impede, for medical reasons and according to accepted medical norms, the taking and freezing of sperm or egg of a person with the aim of making use of that same sperm or egg at a later stage for the generation of an embryo.
Historique des modifications
- Amended by XXIV.2018.8