Poland’s journey to implementing comprehensive infertility treatment legislation was notably delayed, with the first such law only passed in 2015. Prior to that, reproductive treatment in the country was conducted without any clear regulatory framework, leaving assisted reproductive technology (ART) centers to operate under broad medical laws and individualized contracts. This absence of regulation presented significant risks to patients, as there were no established safeguards to ensure the quality and safety of treatments offered at ART centers.
The 2015 Act on Infertility Treatment introduced substantial improvements, particularly enhancing patient safety. However, its passage was marred by tensions, with fears of ultraconservative political forces pushing for an outright ban on ART procedures involving in vitro embryos. Ultimately, the law introduced several controversial provisions, some of which are viewed as discriminatory and violating fundamental human rights.
One of the most contentious aspects of the legislation is the mandatory embryo donation requirement. Under the law, embryos that are not used within 20 years of their creation, or those for which storage contracts expire, must be donated—regardless of the consent of the individuals who provided the genetic material. Furthermore, all embryo donations in Poland are anonymous, meaning that the recipients of donated embryos do not even receive information about whether the embryos resulted in a pregnancy or birth.
Options for Embryo Holders in Poland
Individuals with embryos stored in ART clinics currently have limited options. They can:
- Use the embryos for implantation, provided both gamete providers consent.
- Continue to store them for up to 20 years, at their own expense.
- Voluntarily donate them to anonymous recipients, if both parties consent.
However, regardless of these options, embryos will be automatically donated after 20 years, even if the individuals continue to pay for storage. Unlike in many other European countries, Poland does not allow directed donations, transfers to research institutions, or the option to discard unused embryos.
Protecting the Embryo Over Donor Rights
The Polish Act enforces stringent protection for embryos, banning their destruction under any circumstances if they are capable of developing into a fetus. The justification for compulsory donation stems from the idea that clinics need a solution for “abandoned” embryos that no one wishes to use. This emphasis on embryo preservation, however, prioritizes the embryo’s “right to transfer” over the rights of the individuals whose genetic material created it. This approach contradicts basic human rights, particularly the right to make personal decisions about one’s genetic material, which should be guaranteed by international conventions.
The law also contradicts several international regulations, including Article 8 of the European Convention on Human Rights, which protects private and family life, and Article 54 of the Substances of Human Origin regulation, which stipulates that donations must be voluntary and unpaid. Moreover, it clashes with contemporary bioethical perspectives.
Exporting Embryos: The Only Escape for Opponents of Mandatory Donation
For those who object to the compulsory donation of their embryos, the only option is to transfer them abroad. Countries like the Czech Republic, the UK, and Spain offer donors the right to decide the fate of unused embryos. However, this solution is not accessible to everyone. Financial limitations and logistical hurdles, including the stringent requirements for embryo transport, make this a challenging option. Moreover, the costs of transferring embryos, which are not covered by public health insurance, must be borne entirely by the patients.
The Case of Single Women: A Legal Dilemma
The law also presents significant obstacles for single women. While the 2015 law grants fertility treatment only to heterosexual couples, its retroactive application has caused particular hardship for women who began treatment before the law’s introduction. These women, who had embryos created with donor sperm and stored in ART centers, now find themselves unable to use or make decisions regarding the fate of their embryos. The only way for them to have these embryos implanted in Poland is to bring a male partner to the clinic. For those who wish to avoid mandatory embryo donation, the only option remains to transfer embryos abroad—a costly and inaccessible choice for many.
Urgent Need for Legal Reforms
The current legal framework governing embryo donation in Poland raises serious ethical and legal issues. Initially designed to appease conservative politicians, the law severely limits patients’ autonomy over their genetic material. The need for amendments is urgent to align the law with international human rights standards and to respect the rights of donors.
Unfortunately, there has been little political will to address the deficiencies in the law. While the removal of the ultraconservative Law and Justice Cabinet in late 2024 brought some positive changes—such as the reintroduction of public health insurance funding for ART procedures—the status of embryos and other significant flaws in the legislation remain unresolved.
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