Preimplantation genetic diagnosis (PID) in Bavaria. A Munich laboratory failed in front of the Bavarian administrative court in Ansbach with its demand that artificially fertilized eggs in certain cases without the consent of the responsible person. The court announced the verdict on Monday (ref: 20 B 18.290). „Because of fundamental importance“ of the case, however, the revision of the Federal Administrative Court in Leipzig was approved – so that the courts can orient themselves in other federal states.
The Synlab Laboratory justified the claim by stating that so-called „trophoderma“ biopsies, which were the subject of trial, were not covered by the Embryo Protection Act. In the examination, cells would not be taken directly from the embryo, but from the surrounding tissue, from which, after implantation in the uterus, the cakes are produced.
„Dramatically high risk“ for women over 35
Hereditary cells should not be sorted out. This is especially important for women over 35 years. These would have „a dramatically high risk that their fertility treatments will fail“. However, the argument is not followed by the court.
According to the Embryo Protection Act, in Germany it is only possible to have an embryo after a genetic fertilization before implantation in the womb. Either the risk of serious hereditary diseases must exist or the high probability of a miscarriage or miscarriage. Whether an investigation is allowed, decides ethics committees. According to the judges, the embryo protection law is a general PID prohibition, which does not differentiate according to examination purposes.
How many applications for a PID for the five ethics committees in Germany – Bavaria, Berlin and North Rhine-Westphalia have their own, the other countries have been put together in two groups, is not recorded centrally. Estimates assume 300 to 400 cases per year. Much comes before the Bavarian Commission, because of the Free State especially many PID centers have their headquarters. According to the Bavarian Ministry of Health, there are 155 cases and rejected 12 applications.
