#3(34)'12

marTlmsajuleba
N3
da
kanoni
RESEARCH OF EMBRYO
AND LEGAL ASPECTS OF
DONATION
IRMA GELASHVILI
Doctor of Low, Associated Professor of the Georgian University
Embryo donation is the process when the producers of the embryo in the tube
deny it and give it to absolutely genetically different people. 1 The concept of
“embryo donation” means transmission of the embryo aiming birth of a baby, 2 as
well as with the purpose of using it as scientific object. 3
Georgian law does not envisage protection of the embryo in the tube. Georgian
law on “Healthcare” does not restrain carrying out research on embryo, neither it
restricts using its cells for various purposes, however, according to the Conventions
on “Human Rights and Biomedicine”, Article 18.1. countries that allow in vitro
research on the embryos, should also provide proper protection mechanism of
embryo. Second part of the same Article prohibits production of a human embryo
for the research purposes. Thus, based on the need to protect an embryo, as
conditional subject, it is necessary to envisage legislative restrictions researches
on developing embryos, if this research is beneficial for the embryo. The latter
should be proved by special commission and bioethical committee.
According to the teleological and grammatical definition of the Article 143 of
the Law on “Healthcare”, we can say that embryo donation with the purpose of
baby birth is allowed. At the same time, unlike the adoption institute, this issue
falls under the margin of contractual freedom, and recipient of an embryo may be
a person that does not fulfill adoption requirements. At the same time, it is not
restricted to receive the reward, that makes the embryo subject of the trade. Since
embryo is not an organ of a person and neither a person itself, this action shall not
become subject of punishment according to the Criminal Code. However, embryo
is much more than a human organ, thus, embryo circulation should be restricted,
as universally unacceptable act.
FOOTNOTES:
1
Anderson M.l., Are you My Mommy? A Call For Regulation Of Embryo Donation, Cap.U.L. Rev.,
Vol.35, 2006, 600.
2
Embryo donation for the receipinets, that should carry it, give a birth and raise, sometimes “adoption
of an embryo” - Embryo adoption .
3
Kovacs G., The Subfertility Handbook : A Clinician’s Guide, 2 nd ed., Cambridge University Press,
2011, 166.
132