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Legislation

The status of hESC research legislation throughout Europe

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The legislative landscape in Europe that regulates hESC research is very diverse. It reflects Europe’s historic pluralism and the different ethical, philosophical and political positions in the different countries. But it is also a result of the absence of a single commonly accepted definition for the moral status of an embryo. As research on hESC advances, regulations are changing in Europe. The most recent examples for this dynamic development are Norway and Germany.

As of January 1, 2008, researchers in Norway are allowed to derive hESCs from surplus IVF embryos. In mid-April 2008 the Germany Parliament adopted an amendment to the current stem cell act that moves the cut-off date to a much more recent date. This will give German researchers access to more hESC lines, namely those that have been derived until the new date.

In Ireland at the end of April 2008 the independent state-funded Irish Council for Bioethics after extensive public consultation on the topic, recommended that legislation should be provided for hESC research, under the strict condition of "informed consent" from surplus IVF embryo donors. Austria is expected to introduce a new law allowing hESC derivation from supernumary IVF embryos by the end of 2008.

Countries with specific legislation with regard to hESC research, derivation and somatic cell nuclear transfer (SCNT)

Countries permitting hESC research, the derivation of new hESC lines from supernumerary IVF embryos and somatic cell nuclear transfer (SCNT) by law: Belgium, Israel, Sweden, UK, Spain, Finland, the Czech Republic and Portugal (Finland and the Czech Republic neither prohibit nor allow SCNT by law).

Countries permitting hESC research and the derivation of new hESC lines from supernumerary IVF embryos by law; at the same time prohibiting somatic cell nuclear transfer: Denmark, The Netherlands, France, Greece, Hungary, Estonia, Latvia, Switzerland, Iceland and Norway.

Countries in which the current legislation permitts hESC research with imported hESC only and prohibits the derivation of new hESC lines from supernumerary IVF embryos and somatic cell nuclear transfer by law: Germany, Austria, Ireland and Italy (there is no specific law covering existing hESC lines in Austria, Italy and Ireland).

Countries without hESC-specific legislation

Romania, Bulgaria, Turkey, and Cyprus.

Any hESC research prohibited: Lithuania, Malta, Slovakia and Poland.

(Last update: November 2008)