Who can benefit from IVF and who cannot? Will it be possible to carry out genetic tests to determine the sex of the child? Will donation of reproductive cells and embryos be completely anonymous? Answers to these and other questions can be found in the Infertility Treatment Act, the provisions of which will come into force from November 2015.

The provisions of the Act on Infertility Treatment take into account the European Union Directives in force in all Member States. They define, inter alia, the principles of embryo and germ cell protection; treatment modalities and procedures; conditions for donation, procurement, processing, testing and storage of germ cells and embryos.

Couples only

According to the law, infertility treatment by IVF will be possible for married couples and couples in informal relationships, after other treatment methods have been exhausted. It will be possible to undertake it no earlier than after one year of unsuccessful efforts to have a child. The exception will be situations where it is known that methods other than IVF have no chance of success. The law will prevent single women from using IVF. Furthermore, it will be retroactive for single women who already have frozen embryos or ova. From November, they will not be able to complete the IVF procedure without a partner - that is, to give birth to a child from a previously created and frozen embryo.

Number of embryos created

The law will limit the number of embryos created. Six egg cells will be allowed to be fertilised. With more embryos, the probability of selecting the best one, which has the best chance of implanting in the uterus and developing further, is increased. In addition, there will be a significant reduction in the number of embryos that can be frozen and used in a subsequent treatment cycle if the first one fails. - With the cryopreservation techniques currently in use, the percentage of pregnancies achieved from frozen embryos is comparable to the efficiency of transfers from fresh embryos from the same stimulation cycle. Limiting the number of embryos created will reduce the effectiveness of the procedures - women will undergo a greater number of ovarian stimulation procedures to become pregnant," says Bartłomiej Wojtasik, head of the embryology laboratory at the InviMed infertility treatment clinic in Wrocław.

Genetic testing not 'on demand'?

The law clearly states that genetic tests on embryos are only performed for medical indications and are decided by the doctor. This means that they are only ordered to rule out genetic disorders. -This is a very good provision - it dispels any doubts about doctors being able to carry out genetic tests at the request of a patient in order to later select the embryos administered 'on request' on the basis of gender or appearance characteristics. Clinics have never done this, but it is nevertheless a very good thing that this issue has been included in the law. It will certainly take the argument away from opponents of IVF treatment who use this ridiculous argument,' says Robert Gizler, M.D., a specialist gynaecologist-obstetrician from the InviMed infertility treatment clinic in Wrocław.

Embryos for adoption

One regulation that touches on the ethical side of IVF is the resolution of the fate of unused embryos. Until now, couples have had two options - storing frozen embryos in a clinic or giving them up for 'adoption'. After the changes, unused embryos will go to a central donation bank after twenty years - the couple will lose rights to them. They will also have the option to donate embryos anonymously in advance to others struggling with infertility.

Monitoring the number of children born from donation

Donation of reproductive cells and embryos will remain anonymous. The Ministry of Health will maintain a register with selected donor data: the donor's date and place of birth and test results. Each donor, at the clinic, will be given an individual number. The clinics will monitor and report on the number of births, and on this basis allow donors to continue donating cells. - This is good information for recipients. It gives them a guarantee that no more than ten children can be born from the donated cells,' adds medical doctor Robert Gizler from the InviMed infertility treatment clinic in Wrocław.

No more postponing motherhood

Until now, women who were not yet ready for motherhood, whether for financial reasons or because they did not have a suitable partner, could postpone the decision. This was made possible by a method of fertility preservation involving the freezing of egg cells. At a suitable time for the woman, they were heated and fertilised in an in vitro procedure. Under the law, this option will only be available to women whose illness and its treatment, such as cancer therapy, may damage the reproductive system.

You can read about the changes to treatment that the law will bring here.