Legal protections for in vitro embryos in Paraguay and comparative contexts

Abstract

The legal protection of in vitro embryos in Paraguay remains unresolved because no specific legislation regulates assisted reproductive technologies. This study analysed Paraguay's constitutional framework, Civil Code, judicial rulings, and international treaties through doctrinal legal analysis, complemented by a comparative review of international regulations and jurisprudence. Findings show that the Paraguayan doctrine and courts consider conception to occur at fertilisation, while the Inter-American Court of Human Rights associates conception with implantation. This difference generates tension between domestic law and international treaty obligations. A comparative analysis with the United Kingdom, Spain, Argentina, and Italy revealed diverse regulatory models and highlighted significant gaps in Paraguayan law concerning embryo storage, research, donation, consent, and dispute resolution. This work provides a comprehensive review of the challenges that Paraguay faces in developing a regulatory framework that balances respect for constitutional principles, alignment with international obligations, and nuanced ethical considerations of human embryos and reproductive rights.

Keywords: assisted reproductive technologies (ARTs); conception; in vitro embryos; reproductive rights; right to life.

Figure 1

Pre-implantation, implantation, and post-implantation. The gametes fuse during fertilization to form the zygote. The blastocyst forms around day 5. The blastocyst begins to implant and invades the uterine epithelium around day 7. Around day 12, the inner surface of the trophoblast and the outer region of the amniotic ectoderm and yolk sac endoderm are covered by the extraembryonic mesoderm. The figure was created in BioRender. https://app.biorender.com/citation/67f7d37a44eae55a5bad0035.