C661DEC5EFCA0F83910449083B33AEF8
Act CLIV of 1997 on Health Care
https://leaux.net/URLS/General/Hungary_ActCLIVof1997_ChaptersVIIIandIX.pdf
http://leaux.net/URLS/ConvertAPI Text Files/38CE6E752C650BF3FE637FB9F1E095B4.en.txt
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This file was generated: 2020-04-06 03:48:41
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Political
Searching for indicator party:
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p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
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p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
...
p.000078: cells contained in this Act, with the constraint that in embryo donation procedures, only the data set forth under
p.000078: Subsection (1) of Section 176 shall be managed.
p.000078:
p.000078: (2) In procedures involving embryo donations, management of data related to embryos and to the donation of reproductive
p.000078: cells learned in an authorized manner by healthcare providers and which is connected to personal and special data that
p.000078: can be managed in at least one of the procedures shall not be considered unauthorized management.
p.000078:
p.000078: Section 178
p.000078:
p.000078: (1) Release of embryos that have been donated or offered for research, storage of embryos by health service providers,
p.000078: and deposits of embryos shall be governed by the provisions of Subsections (1), and (4)
p.000078: -(5) of Section 173 and by Subsections (1) - (3), and (5) of Section 174 with the difference set forth in Subsections
p.000078: (2) - (3).
p.000078:
p.000078: (2) Anembryoshallbedepositeduponmeasurestakenbytheperson(s)authorizedtodecide upon its disposal, or on the basis of the
p.000078: assumed intention of that person (those persons) as set forth by this Act. Stipulation of the medical ground or other
p.000078: cause for depositing the embryo shall not be necessary.
p.000078:
p.000078: (3) An embryo that has been deposited shall be released only on the basis of a written declaration expressing the
p.000078: agreement of both parties with the right to decide on disposal, except in the case of the death of one party, or a
p.000078: renunciation of said rights.
p.000078:
p.000078: (4) An embryo shall be released to a single woman with the right to decide upon disposal following the death of her
p.000078: spouse (common-law spouse) for purposes of implanting, in the absence of a declaration precluding this as set forth in
p.000078: Subsection (2) of Section 167. If such a declaration of preclusion exists, the declaration of the person authorized to
p.000078: decide on disposal of the deposited embryo shall have precedence; in lieu of such a declaration the stipulations set
p.000078: forth for embryo donation shall be properly applied, and in doing so the healthcare provider at which the embryo was
p.000078: deposited shall be considered the healthcare provider making the donation.
p.000078:
p.000078: (5) An embryo offered for donation shall be stored for a maximum of 5 years, which can be extended for one additional 5
p.000078: year period. The maximum length of time during which a deposited embryo shall be stored is 10 years. An embryo that
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
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Political / stateless persons
Searching for indicator nation:
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p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
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Health / Cognitive Impairment
Searching for indicator impaired:
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p.000070: the risks of conducting the research on a person are proportionate to the expected benefit the research, or to the
p.000070: significance of the research goal;
p.000070:
p.000070: the research subject, after being fully informed in accordance with Subsection (3), has
p.000070:
p.000070: (2) Researchshallnotbeconductedifitpresentsadisproportionatelyhighrisktothelife,or physical or emotional well-being of
p.000070: the research subject.
p.000070:
p.000070: (3) Prior to obtaining the consent of the research subject, he shall be informed orally and in written form of
p.000070:
p.000070: a) the voluntary nature of participation in research, as well as of the fact that his consent may be withdrawn at any
p.000070: time without specifying cause or suffering any prejudicial consequences;
p.000070:
p.000070: b) the experimental nature of the planned examination or intervention, of its objectives, and of its duration;
p.000070:
p.000070: c) the nature, duration, and possible risks and consequences of the examinations or other interventions performed as
p.000070: part of the research, as well as of all the discomfort involved;
p.000070:
p.000070: 4. d) expected benefits of the research to the subject or to others;
p.000070: 5. e) possible other examinations or interventions that are available instead of participating in the research;
p.000070: f) the nature and treatment of any damage to health sustained in conjunction with the research, and of damages or
p.000070: compensation available;
p.000070:
p.000070: g) the names of the person(s) responsible for the research.
p.000070:
p.000070: (4) Research involving a person with impaired or limited disposing capacity may be conducted only if all of the
p.000070: following conditions are met:
p.000070:
p.000070: 1. a) the conditions set forth under Paragraphs a) - d) of Subsection (1) are met;
p.000070: 2. b) the results of the research can have an immediate beneficial effect on the health of the research subject;
p.000070: c) the research cannot be conducted effectively on a person who possesses full decision- making capacities;
p.000070:
p.000070: d) the person set forth in Subsections (1) - (2) of Section 16 has consented to the research, in keeping with the
p.000070: provisions of Subsection (5) of Section 16.
p.000070:
p.000070: (5) Under exceptional circumstances, the condition set forth under Paragraph b) of Subsection (4) may be waived if all
p.000070: of the following conditions are met:
p.000070:
p.000070: a) the objective of the research is to enhance scientific knowledge related to the condition or disease of the research
p.000070: subject in a manner that is useful to said research subject or to other
p.000070:
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p.000071: persons who are similar in age and suffering the same disease, or who demonstrate similar characteristics and are in a
p.000071: similar state of health;
p.000071:
p.000071: b) the risk of the research on the subject does not significantly exceed minimum, and the strain is mild;
p.000071:
p.000071: c) the Minister of Health has granted permission for the research after hearing the opinion of the MRC.
p.000071:
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Health / Drug Dependence
Searching for indicator dependence:
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p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
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Health / Drug Usage
Searching for indicator drug:
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p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
p.000073: 44 Established by Section 14, Act LXXI of 1999. Amended by Subsection (1), Section 32, Act CXIX of 1999.
p.000073:
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p.000074: 4. d) the effects and possible risks to the unborn child and/or the subjects of the intervention;
p.000074: 5. e) the expected results of the procedure;
p.000074: 6. f) the expected costs of submitting to the procedure;
p.000074: 7. g) the statutes regulating execution of the procedure.
p.000074:
p.000074: (3) When informing the patient as set forth under Subsection (2), general rules on providing information to patients as
p.000074: set forth in this Act shall have precedence, however, the spouse or common-law spouse not participating directly in the
p.000074: intervention also shall be entitled to the legal status of patient. If several of the reproduction procedures set forth
p.000074: in Subsection (1) of Section 166 may be applied, the information shall cover all procedures that can be conducted and
p.000074: shall also include a concrete medical recommendation for one of the procedures.
p.000074:
p.000074: (4) The reproduction procedure only shall be begun on receipt of a joint written statement of consent written after
p.000074: they have been informed, or - in the case of a single woman - shall only be continued after a written statement of
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Searching for indicator substance:
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p.000074:
p.000074: (3) Remuneration for donating reproductive cells shall not be requested or provided. Donation-related necessary and
p.000074: certified costs of a donor, including loss of income, shall be reimbursed, within the sphere and under the conditions
p.000074: set forth by Minister of Health Decree.
p.000074:
p.000074: Section 171
p.000074:
p.000074: (1) Reproductive cells may be donated by any person in full possession of his disposing capacity, when cells are
p.000074: donated for a reproductive procedure, by persons under the age of 35 years, who meets the conditions set forth under
p.000074: separate statute.
p.000074:
p.000074: (2) Reproductive cells for reproduction procedures or for reproductive cell research can be donated directly to
p.000074: healthcare providers and/or research facilities authorized to conduct reproduction procedures or reproductive cell
p.000074: research. Natural persons, legal entities, or unincorporated organizations that are not authorized to conduct
p.000074: reproduction procedures or
p.000074:
p.000075: 75
p.000075:
p.000075: research shall not accept human reproductive cells or materials containing said cells as donations, and cannot claim
p.000075: ownership to same.
p.000075:
p.000075: (3) The donation set forth under Subsection (2) shall occur by providing a written declaration of donation to the
p.000075: health service provider or research facility authorized to accept reproductive cells and by appearing in person at the
p.000075: institution for harvesting the substance containing the reproductive cells. When donating the cells for a reproduction
p.000075: procedure, the donor’s declaration shall contain the name of the donor (family and given name, maiden name), mother’s
p.000075: maiden name, address, date of birth, gender, physical description, and all illnesses of which the donor is aware.
p.000075:
p.000075: (4) The health service provider to which a donation has been offered, prior to harvesting the reproductive cells being
p.000075: donated for reproductive procedures, shall see to it that the donor, who has appeared in person, undergoes a
p.000075: preliminary medical examination, and shall orally inform the donor of the purpose and conditions of the donation. When
p.000075: appearing in person, the donor shall credibly certify the correctness of the personal data submitted.
p.000075:
p.000075: (5) A donor declaration and preliminary medical examination as set forth in Subsections (3) and (4) are necessary only
p.000075: prior to the first harvesting of reproductive cells, if the donations of reproductive cells are made repeatedly, on an
p.000075: ongoing basis. The ongoing nature of the donations does not exempt the donor from providing information on any known
p.000075: illnesses.
p.000075:
p.000075: (6) The health service provider or research facility authorized to accept donations of reproductive cells may reject
p.000075: the donation without specifying cause. Donations offered for reproductive procedures shall be rejected if
p.000075:
p.000075: 1. a) the donor has a disease which precludes donation;
p.000075: 2. b) the donor refuses to provide the personal and special data set forth in Subsection (3) and if the data cannot
p.000075: be learned in another credible manner;
p.000075: c) the donation is made in a manner other than by harvesting of substance containing reproductive cells during a
p.000075: personal appearance before the health service provider that is competent by the place of donation.
p.000075:
p.000075: (7) All persons and bodies shall be obliged to take measures resulting in the immediate destruction of reproductive
p.000075: cells or substances containing reproductive cells coming into their possession through donations made in an
p.000075: unauthorized manner or coming into their possession through donations made in an authorized manner but rejected on the
p.000075: basis of Subsection (6).
p.000075:
p.000075: Section 172
p.000075:
p.000075: (1) All personal and special data learned by the health service provider or the research facility through the
p.000075: provisions of Subsection (3) of Section 171 or the personal appearance and examination of the donor, shall be managed
p.000075: in accordance with the provisions of Act 63 of 1992 on the Protection of Personal Data and the Publicity of Data of
p.000075: Public Interest, and of Act 47 of 1997 on the Handling and Protection of Health Data and Related Personal Data, with
p.000075: due consideration for Subsections (2) - (4).
p.000075:
p.000075: (2) The health service provider shall handle only the personal and special data listed under Subsection (3) of Section
p.000075: 171 in relation to donations of reproductive cells. In the course of data management, with
p.000075:
p.000075: respect to personal data, information on name and address shall not be transferred but all other data, treated so that
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Health / Health
Searching for indicator health:
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p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
p.000070: yet become fully known or completely investigated.
p.000070:
p.000070: Section 158
p.000070:
p.000070: (1) Research may be conducted within the framework set forth in this Act, with the differences as set forth under
p.000070: separate statute with regard to clinical research on pharmaceuticals.
p.000070:
p.000070: (2) The professional conditions and detailed rules for research shall be set forth by the Minister of Health, who shall
p.000070: consider the opinion of the MRC.
p.000070:
p.000070: 38 Established by Section 13, Act LXXI of 1999. In force as of 1 July 1999 39 Inserted by Section 13, Act LXXI of 1999.
p.000070: In force as of 1 July 1999
p.000070: 40 Numbering amended by Section 13, Act LXXI of 1999.
p.000070:
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p.000070:
p.000070: e)
p.000070: provided written consent to the research.
p.000070:
p.000070: 70
p.000070:
p.000070: Section 159
p.000070:
p.000070: (1) Research on persons with full disposing capacities shall be conducted exclusively for proposes of perfecting
p.000070: diagnostic, therapeutic, preventive, and rehabilitation procedures, of elaborating new procedures, and of gaining a
p.000070: better understanding of the etiology and pathogenesis of disease, and shall be conducted by a healthcare services
p.000070: provider with the appropriate professional conditions to meet the requirements of the nature and risks of the research,
p.000070: but only if all of the following conditions are met:
p.000070:
p.000070: a)
p.000070:
p.000070: b)
p.000070:
p.000070: c)
p.000070:
p.000070: d) of
p.000070:
p.000070: the research plan has been approved for implementation;
p.000070:
p.000070: preliminary investigations have certified the effectiveness and safety of the research; there is no other procedure
p.000070: similar in effectiveness to research involving human subjects;
p.000070: the risks of conducting the research on a person are proportionate to the expected benefit the research, or to the
p.000070: significance of the research goal;
p.000070:
p.000070: the research subject, after being fully informed in accordance with Subsection (3), has
p.000070:
p.000070: (2) Researchshallnotbeconductedifitpresentsadisproportionatelyhighrisktothelife,or physical or emotional well-being of
p.000070: the research subject.
p.000070:
p.000070: (3) Prior to obtaining the consent of the research subject, he shall be informed orally and in written form of
p.000070:
p.000070: a) the voluntary nature of participation in research, as well as of the fact that his consent may be withdrawn at any
p.000070: time without specifying cause or suffering any prejudicial consequences;
p.000070:
p.000070: b) the experimental nature of the planned examination or intervention, of its objectives, and of its duration;
p.000070:
p.000070: c) the nature, duration, and possible risks and consequences of the examinations or other interventions performed as
p.000070: part of the research, as well as of all the discomfort involved;
p.000070:
p.000070: 4. d) expected benefits of the research to the subject or to others;
p.000070: 5. e) possible other examinations or interventions that are available instead of participating in the research;
p.000070: f) the nature and treatment of any damage to health sustained in conjunction with the research, and of damages or
p.000070: compensation available;
p.000070:
p.000070: g) the names of the person(s) responsible for the research.
p.000070:
p.000070: (4) Research involving a person with impaired or limited disposing capacity may be conducted only if all of the
p.000070: following conditions are met:
p.000070:
p.000070: 1. a) the conditions set forth under Paragraphs a) - d) of Subsection (1) are met;
p.000070: 2. b) the results of the research can have an immediate beneficial effect on the health of the research subject;
p.000070: c) the research cannot be conducted effectively on a person who possesses full decision- making capacities;
p.000070:
p.000070: d) the person set forth in Subsections (1) - (2) of Section 16 has consented to the research, in keeping with the
p.000070: provisions of Subsection (5) of Section 16.
p.000070:
p.000070: (5) Under exceptional circumstances, the condition set forth under Paragraph b) of Subsection (4) may be waived if all
p.000070: of the following conditions are met:
p.000070:
p.000070: a) the objective of the research is to enhance scientific knowledge related to the condition or disease of the research
p.000070: subject in a manner that is useful to said research subject or to other
p.000070:
p.000071: 71
p.000071:
p.000071: persons who are similar in age and suffering the same disease, or who demonstrate similar characteristics and are in a
p.000071: similar state of health;
p.000071:
p.000071: b) the risk of the research on the subject does not significantly exceed minimum, and the strain is mild;
p.000071:
p.000071: c) the Minister of Health has granted permission for the research after hearing the opinion of the MRC.
p.000071:
p.000071: (6) The research plan shall be approved for implementation by the executive of the healthcare institution, or in the
p.000071: case of another health service provider, by the executive of the regionally responsible Budapest or county inpatient
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
p.000072: SPECIAL PROCEDURES TARGETED AT HUMAN REPRODUCTION, RESEARCH CONDUCTED USING EMBRYOS AND REPRODUCTIVE CELLS,
p.000072: STERILIZATION PROCEDURES
p.000072:
p.000072: Section 165
p.000072:
...
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
...
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000074: 74
p.000074:
p.000074: 4. d) the effects and possible risks to the unborn child and/or the subjects of the intervention;
p.000074: 5. e) the expected results of the procedure;
p.000074: 6. f) the expected costs of submitting to the procedure;
p.000074: 7. g) the statutes regulating execution of the procedure.
p.000074:
p.000074: (3) When informing the patient as set forth under Subsection (2), general rules on providing information to patients as
p.000074: set forth in this Act shall have precedence, however, the spouse or common-law spouse not participating directly in the
p.000074: intervention also shall be entitled to the legal status of patient. If several of the reproduction procedures set forth
p.000074: in Subsection (1) of Section 166 may be applied, the information shall cover all procedures that can be conducted and
p.000074: shall also include a concrete medical recommendation for one of the procedures.
p.000074:
p.000074: (4) The reproduction procedure only shall be begun on receipt of a joint written statement of consent written after
p.000074: they have been informed, or - in the case of a single woman - shall only be continued after a written statement of
p.000074: consent from the applicant has been received.
p.000074:
p.000074: (5) Only a person in full possession of his disposing capacity shall be entitled to make the legal declarations set
p.000074: forth in Subsections (1) and (4).
p.000074:
p.000074: Section 169
p.000074:
p.000074: (1) A Minister of Health Decree shall set forth the professional conditions for the operation of healthcare providers
p.000074: authorized to conduct reproduction procedures, the set of health indications serving as the basis for the various
p.000074: interventions, and the detailed professional rules for performing the healthcare interventions.
p.000074:
p.000074: (2) Operation license to perform reproduction procedures shall be awarded only to health service providers which can
p.000074: simultaneously meet the professional requirements set forth under separate statute for the frozen storage of
p.000074: reproductive cells and embryos.
p.000074:
p.000074: Donating and Depositing Reproductive Cells Section 170
p.000074:
p.000074: (1) Reproductive cells may be donated for use in reproduction procedures or for medical research, and shall be used
p.000074: only for the purpose specified by the donor.
p.000074:
p.000074: (2) When conducting a reproductive procedure, the reproductive cells used shall all come from the same donor.
p.000074:
p.000074: (3) Remuneration for donating reproductive cells shall not be requested or provided. Donation-related necessary and
p.000074: certified costs of a donor, including loss of income, shall be reimbursed, within the sphere and under the conditions
p.000074: set forth by Minister of Health Decree.
p.000074:
p.000074: Section 171
p.000074:
p.000074: (1) Reproductive cells may be donated by any person in full possession of his disposing capacity, when cells are
p.000074: donated for a reproductive procedure, by persons under the age of 35 years, who meets the conditions set forth under
p.000074: separate statute.
p.000074:
p.000074: (2) Reproductive cells for reproduction procedures or for reproductive cell research can be donated directly to
p.000074: healthcare providers and/or research facilities authorized to conduct reproduction procedures or reproductive cell
p.000074: research. Natural persons, legal entities, or unincorporated organizations that are not authorized to conduct
p.000074: reproduction procedures or
p.000074:
p.000075: 75
p.000075:
p.000075: research shall not accept human reproductive cells or materials containing said cells as donations, and cannot claim
p.000075: ownership to same.
p.000075:
p.000075: (3) The donation set forth under Subsection (2) shall occur by providing a written declaration of donation to the
p.000075: health service provider or research facility authorized to accept reproductive cells and by appearing in person at the
p.000075: institution for harvesting the substance containing the reproductive cells. When donating the cells for a reproduction
p.000075: procedure, the donor’s declaration shall contain the name of the donor (family and given name, maiden name), mother’s
p.000075: maiden name, address, date of birth, gender, physical description, and all illnesses of which the donor is aware.
p.000075:
p.000075: (4) The health service provider to which a donation has been offered, prior to harvesting the reproductive cells being
p.000075: donated for reproductive procedures, shall see to it that the donor, who has appeared in person, undergoes a
p.000075: preliminary medical examination, and shall orally inform the donor of the purpose and conditions of the donation. When
p.000075: appearing in person, the donor shall credibly certify the correctness of the personal data submitted.
p.000075:
p.000075: (5) A donor declaration and preliminary medical examination as set forth in Subsections (3) and (4) are necessary only
p.000075: prior to the first harvesting of reproductive cells, if the donations of reproductive cells are made repeatedly, on an
p.000075: ongoing basis. The ongoing nature of the donations does not exempt the donor from providing information on any known
p.000075: illnesses.
p.000075:
p.000075: (6) The health service provider or research facility authorized to accept donations of reproductive cells may reject
p.000075: the donation without specifying cause. Donations offered for reproductive procedures shall be rejected if
p.000075:
p.000075: 1. a) the donor has a disease which precludes donation;
p.000075: 2. b) the donor refuses to provide the personal and special data set forth in Subsection (3) and if the data cannot
p.000075: be learned in another credible manner;
p.000075: c) the donation is made in a manner other than by harvesting of substance containing reproductive cells during a
p.000075: personal appearance before the health service provider that is competent by the place of donation.
p.000075:
p.000075: (7) All persons and bodies shall be obliged to take measures resulting in the immediate destruction of reproductive
p.000075: cells or substances containing reproductive cells coming into their possession through donations made in an
p.000075: unauthorized manner or coming into their possession through donations made in an authorized manner but rejected on the
p.000075: basis of Subsection (6).
p.000075:
p.000075: Section 172
p.000075:
p.000075: (1) All personal and special data learned by the health service provider or the research facility through the
p.000075: provisions of Subsection (3) of Section 171 or the personal appearance and examination of the donor, shall be managed
p.000075: in accordance with the provisions of Act 63 of 1992 on the Protection of Personal Data and the Publicity of Data of
p.000075: Public Interest, and of Act 47 of 1997 on the Handling and Protection of Health Data and Related Personal Data, with
p.000075: due consideration for Subsections (2) - (4).
p.000075:
p.000075: (2) The health service provider shall handle only the personal and special data listed under Subsection (3) of Section
p.000075: 171 in relation to donations of reproductive cells. In the course of data management, with
p.000075:
p.000075: respect to personal data, information on name and address shall not be transferred but all other data, treated so that
p.000075: it cannot be used to identify a person, may be transferred to the bodies or persons defined in Subsection (3). A
p.000075: reproductive service provider learning of data that is outside the scope of lawful data management shall take immediate
p.000075: measures to destroy said data.
p.000075:
p.000076: 76
p.000076:
p.000076: (3) In the course of data management as set forth under Subsection (2), personal and special data may be provided to
p.000076: other healthcare providers authorized to conduct reproduction procedures, or to persons authorized to make use of
p.000076: reproduction procedures, with the restrictions set forth in Subsection (2).
p.000076:
p.000076: (4) Of the data learned in connection with the donation of reproductive cells, research facilities may manage only data
p.000076: specific to the state of health, and the illnesses of the donor. The right to manage data includes maintaining records
p.000076: of the data that are authorized to manage in a manner that prevents personal identification, and transferring or
p.000076: disclosing said data only as it relates to the objectives and/or results of medical research.
p.000076:
p.000076: Section 173
p.000076:
p.000076: (1) A health service provider only may provide reproductive cells donated for reproductive procedures in order to
p.000076: conduct said procedure and only to the extent made necessary by the procedure, under the restrictions set forth in
p.000076: Subsection (2), either for procedures that it shall conduct or for procedures conducted by another healthcare provider
p.000076: authorized to conduct reproductive procedures.
p.000076:
p.000076: (2) When providing reproductive cells, it shall be ensured that the number of progeny from one and the same
p.000076: reproductive cell donor shall not exceed four, even when reproductive procedures are performed on different persons.
p.000076: Reproductive cells used in a single reproductive procedure shall all come from the same donor.
p.000076:
p.000076: (3) Prior to issuing donated reproductive cells, when the reproductive procedure is being performed by another health
p.000076: service provider, using the data made available by the institution conducting the intervention, the health service
p.000076: provider storing the reproductive cells shall ascertain that the reproductive cells can be used for the given
p.000076: reproduction procedure, and determine the absence of any possible biological incompatibility. The persons applying for
p.000076: the reproductive procedure shall provide data suitable for identification to the facility conducting the investigation,
p.000076: if this is necessary to complete the investigation.
p.000076:
p.000076: (4) The health service provider handling the storage of the reproductive cells shall provide no information on the
p.000076: circumstances under which the reproductive cells were transferred or on the data of persons involved in their use, and
p.000076: shall not transfer any such data, or disclose any of it.
p.000076:
p.000076: (5) Aresearchfacilityonlymaytransferreproductivecellsforpurposesofmedicalresearch, and only to a healthcare provider or
p.000076: research facility authorized to receive reproductive cells.
p.000076:
p.000076: Section 174
p.000076:
p.000076: (1) The health service provider shall store donated and accepted reproductive cells by freezing them. Storage of
p.000076: reproductive cells can be precluded or limited in duration by the provisions of separate statute. On expiration of the
p.000076: limited duration, the stored reproductive cells shall be destroyed.
p.000076:
p.000076: (2) On medical grounds and on recommendation of a specialist physician or when otherwise requested for cause,
p.000076: facilities may accept deposits of reproductive cells from persons in possession of full disposing capacities for frozen
p.000076: storage to be used by the depositor at a later date (reproductive cell deposits). Only reproductive cells coming from
p.000076: the depositor and personally harvested from depositor shall be accepted for storage.
p.000076:
p.000076: (3) Reproductive cells that have been deposited may be provided to health service providers conducting reproduction
p.000076: procedures on the written request of the depositor. On the written
p.000076:
p.000077: 77
p.000077:
p.000077: request of the depositor, the reproductive cells shall be destroyed before expiration of the storage time limit.
p.000077:
p.000077: (4) Inthecourseofstoringreproductivecells,cellsfromdifferentdonors,cellsfromoneand the same donor harvested at
p.000077: different times, cells donated for different purposes, and various samples of cells provided for deposit, shall not be
p.000077: mixed.
p.000077:
p.000077: (5) Continuousrecordsshallbekeptonreproductivecellsstored,andontheissuance,useor destruction of said cells. To maintain
p.000077: these records, the reproductive cells shall be stored in a manner enabling identification of the donor, or when stored
p.000077: for purposes of research, in a manner that does not enable identification of the donor, and each storage unit shall be
p.000077: affixed with an identification code.
p.000077:
p.000077: Embryo Donations and Deposits Section 175
p.000077:
p.000077: (1) The married (common-law) couple shall jointly exercise the right of disposal over an embryo brought about in vitro
p.000077: for reproductive purposes until the death of one of the partners, irrespectively of any subsequent change in the
p.000077: spousal (common-law spousal) relationship, but either of the parties shall have the right to renounce the right of
p.000077: disposal in an official document or a private document with full evidentiary authority. When there is a difference of
...
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
p.000077: (2) When offering and/or rejecting an embryo, the provisions of Subsection (2) of Section 171 shall be applied, as
p.000077: appropriate.
p.000077:
p.000077: (3) Thehealthserviceproviderorresearchfacilityofferedtheembryomayrejecttheembryo offered if it is probable that it will
p.000077: not be able to use it for the purpose specified within the time frame under which it can be used, however, it shall be
p.000077: mandated to safeguard it and store it until use under Subsection (4). An offer of an embryo donation shall be rejected
p.000077: if it is not probable that a healthy child can develop from said embryo.
p.000077:
p.000077: (4) Any body or person gaining possession of an embryo without the authority to do so, or with the authority to do so,
p.000077: but when the offer of the embryo has been rejected in accordance
p.000077:
p.000078: 78
p.000078:
p.000078: with Subsection (3), shall be obliged to transfer the embryo to an authorized health service provider or research
p.000078: facility. A damaged embryo may only be transferred to a research facility. The possessor of the embryo must safeguard
p.000078: an embryo not transferred to another authorized facility, or to destroy a damaged embryo, pursuant to the provisions of
p.000078: Subsection (5).
p.000078:
p.000078: (5) All healthcare providers and research facilities shall accept transfer of a viable embryo from a person or body
p.000078: clearly unauthorized to possess said embryo, and treat disposal of the embryo in keeping with the intent or assumed
p.000078: intent of the parties authorized to decide upon its disposal in keeping with Subsection
p.000078: (3) of Section 175.
p.000078:
p.000078: Section 177
p.000078:
p.000078: (1) Personalandspecialdatalearnedbythehealthcareproviderortheresearchfacilitythatis related to donations of embryos or
p.000078: donations for purposes of research shall be treated in accordance with data management for the donation of reproductive
p.000078: cells contained in this Act, with the constraint that in embryo donation procedures, only the data set forth under
p.000078: Subsection (1) of Section 176 shall be managed.
p.000078:
p.000078: (2) In procedures involving embryo donations, management of data related to embryos and to the donation of reproductive
p.000078: cells learned in an authorized manner by healthcare providers and which is connected to personal and special data that
p.000078: can be managed in at least one of the procedures shall not be considered unauthorized management.
p.000078:
p.000078: Section 178
p.000078:
p.000078: (1) Release of embryos that have been donated or offered for research, storage of embryos by health service providers,
p.000078: and deposits of embryos shall be governed by the provisions of Subsections (1), and (4)
p.000078: -(5) of Section 173 and by Subsections (1) - (3), and (5) of Section 174 with the difference set forth in Subsections
p.000078: (2) - (3).
p.000078:
p.000078: (2) Anembryoshallbedepositeduponmeasurestakenbytheperson(s)authorizedtodecide upon its disposal, or on the basis of the
p.000078: assumed intention of that person (those persons) as set forth by this Act. Stipulation of the medical ground or other
p.000078: cause for depositing the embryo shall not be necessary.
p.000078:
p.000078: (3) An embryo that has been deposited shall be released only on the basis of a written declaration expressing the
p.000078: agreement of both parties with the right to decide on disposal, except in the case of the death of one party, or a
p.000078: renunciation of said rights.
p.000078:
p.000078: (4) An embryo shall be released to a single woman with the right to decide upon disposal following the death of her
p.000078: spouse (common-law spouse) for purposes of implanting, in the absence of a declaration precluding this as set forth in
p.000078: Subsection (2) of Section 167. If such a declaration of preclusion exists, the declaration of the person authorized to
p.000078: decide on disposal of the deposited embryo shall have precedence; in lieu of such a declaration the stipulations set
...
p.000080: until the 24th week. With respect to a multiple pregnancy set forth under Subsection (2), on recommendation of a
p.000080: specialist physician, the number of fetuses can be reduced until the 12th week
p.000080: of gestation, or if there is an obstacle to diagnosing the multiple pregnancy at an earlier time, until the 14th week
p.000080: of gestation.
p.000080:
p.000080: (4) In procedures to reduce the number of intra-uterine embryos (fetuses), the provisions of Act 79 of 1992 on
p.000080: Protection of Fetal Life (hereinafter: Fetal Protection Act) shall have precedence in issues not regulated by this Act.
p.000080: The provisions of this Act do not effect the
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080: 45 Repealed together with the subtitle preceding Section 183, by Subsection (1), Section 32 of CXIX of 1999
p.000080:
p.000081: 81
p.000081:
p.000081: opportunity to reduce the number of fetuses for other reasons set forth by the Fetal Protection Act as cause for
p.000081: premature termination of a pregnancy (abortion).
p.000081:
p.000081: The Human Reproduction Committee Section 186
p.000081:
p.000081: (1) The MRC’s Human Reproduction Committee (hereinafter: Committee) shall operate as the Minister of Health’s advisory,
p.000081: decision-making and supervisory body in the area of reproduction procedures and medical research conducted with
p.000081: embryos.
p.000081:
p.000081: 2. (2) TheCommitteeshallconductthetaskssetforthinthisActandbyseparatestatute.
p.000081: 3. (3) Inparticular,thetasksofthecommitteeshallbeto
p.000081:
p.000081: a) provide preliminary opinions on granting operation licenses to healthcare providers to conduct reproduction
p.000081: procedures and/or so store reproductive cells (embryos) in frozen form, to continuously monitor operations, and when
p.000081: necessary to make recommendations on specific measures to be taken by the health service providers, the bodies
p.000081: maintaining them, and by the health authority responsible for professional supervision;
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
...
Health / Mentally Incapacitated
Searching for indicator incapable:
(return to top)
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
...
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
...
p.000074: set forth by Minister of Health Decree.
p.000074:
p.000074: Section 171
p.000074:
p.000074: (1) Reproductive cells may be donated by any person in full possession of his disposing capacity, when cells are
p.000074: donated for a reproductive procedure, by persons under the age of 35 years, who meets the conditions set forth under
p.000074: separate statute.
p.000074:
p.000074: (2) Reproductive cells for reproduction procedures or for reproductive cell research can be donated directly to
p.000074: healthcare providers and/or research facilities authorized to conduct reproduction procedures or reproductive cell
p.000074: research. Natural persons, legal entities, or unincorporated organizations that are not authorized to conduct
p.000074: reproduction procedures or
p.000074:
p.000075: 75
p.000075:
p.000075: research shall not accept human reproductive cells or materials containing said cells as donations, and cannot claim
p.000075: ownership to same.
p.000075:
p.000075: (3) The donation set forth under Subsection (2) shall occur by providing a written declaration of donation to the
p.000075: health service provider or research facility authorized to accept reproductive cells and by appearing in person at the
p.000075: institution for harvesting the substance containing the reproductive cells. When donating the cells for a reproduction
p.000075: procedure, the donor’s declaration shall contain the name of the donor (family and given name, maiden name), mother’s
p.000075: maiden name, address, date of birth, gender, physical description, and all illnesses of which the donor is aware.
p.000075:
p.000075: (4) The health service provider to which a donation has been offered, prior to harvesting the reproductive cells being
p.000075: donated for reproductive procedures, shall see to it that the donor, who has appeared in person, undergoes a
p.000075: preliminary medical examination, and shall orally inform the donor of the purpose and conditions of the donation. When
p.000075: appearing in person, the donor shall credibly certify the correctness of the personal data submitted.
p.000075:
p.000075: (5) A donor declaration and preliminary medical examination as set forth in Subsections (3) and (4) are necessary only
p.000075: prior to the first harvesting of reproductive cells, if the donations of reproductive cells are made repeatedly, on an
p.000075: ongoing basis. The ongoing nature of the donations does not exempt the donor from providing information on any known
p.000075: illnesses.
p.000075:
p.000075: (6) The health service provider or research facility authorized to accept donations of reproductive cells may reject
p.000075: the donation without specifying cause. Donations offered for reproductive procedures shall be rejected if
p.000075:
p.000075: 1. a) the donor has a disease which precludes donation;
p.000075: 2. b) the donor refuses to provide the personal and special data set forth in Subsection (3) and if the data cannot
p.000075: be learned in another credible manner;
p.000075: c) the donation is made in a manner other than by harvesting of substance containing reproductive cells during a
...
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
...
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
...
Social / Access to Social Goods
Searching for indicator social welfare:
(return to top)
p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
p.000070: yet become fully known or completely investigated.
p.000070:
p.000070: Section 158
p.000070:
p.000070: (1) Research may be conducted within the framework set forth in this Act, with the differences as set forth under
p.000070: separate statute with regard to clinical research on pharmaceuticals.
p.000070:
...
Searching for indicator access:
(return to top)
p.000081:
p.000081: (1) The MRC’s Human Reproduction Committee (hereinafter: Committee) shall operate as the Minister of Health’s advisory,
p.000081: decision-making and supervisory body in the area of reproduction procedures and medical research conducted with
p.000081: embryos.
p.000081:
p.000081: 2. (2) TheCommitteeshallconductthetaskssetforthinthisActandbyseparatestatute.
p.000081: 3. (3) Inparticular,thetasksofthecommitteeshallbeto
p.000081:
p.000081: a) provide preliminary opinions on granting operation licenses to healthcare providers to conduct reproduction
p.000081: procedures and/or so store reproductive cells (embryos) in frozen form, to continuously monitor operations, and when
p.000081: necessary to make recommendations on specific measures to be taken by the health service providers, the bodies
p.000081: maintaining them, and by the health authority responsible for professional supervision;
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
...
Social / Age
Searching for indicator age:
(return to top)
p.000070:
p.000070: 4. d) expected benefits of the research to the subject or to others;
p.000070: 5. e) possible other examinations or interventions that are available instead of participating in the research;
p.000070: f) the nature and treatment of any damage to health sustained in conjunction with the research, and of damages or
p.000070: compensation available;
p.000070:
p.000070: g) the names of the person(s) responsible for the research.
p.000070:
p.000070: (4) Research involving a person with impaired or limited disposing capacity may be conducted only if all of the
p.000070: following conditions are met:
p.000070:
p.000070: 1. a) the conditions set forth under Paragraphs a) - d) of Subsection (1) are met;
p.000070: 2. b) the results of the research can have an immediate beneficial effect on the health of the research subject;
p.000070: c) the research cannot be conducted effectively on a person who possesses full decision- making capacities;
p.000070:
p.000070: d) the person set forth in Subsections (1) - (2) of Section 16 has consented to the research, in keeping with the
p.000070: provisions of Subsection (5) of Section 16.
p.000070:
p.000070: (5) Under exceptional circumstances, the condition set forth under Paragraph b) of Subsection (4) may be waived if all
p.000070: of the following conditions are met:
p.000070:
p.000070: a) the objective of the research is to enhance scientific knowledge related to the condition or disease of the research
p.000070: subject in a manner that is useful to said research subject or to other
p.000070:
p.000071: 71
p.000071:
p.000071: persons who are similar in age and suffering the same disease, or who demonstrate similar characteristics and are in a
p.000071: similar state of health;
p.000071:
p.000071: b) the risk of the research on the subject does not significantly exceed minimum, and the strain is mild;
p.000071:
p.000071: c) the Minister of Health has granted permission for the research after hearing the opinion of the MRC.
p.000071:
p.000071: (6) The research plan shall be approved for implementation by the executive of the healthcare institution, or in the
p.000071: case of another health service provider, by the executive of the regionally responsible Budapest or county inpatient
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
...
p.000074: authorized to conduct reproduction procedures, the set of health indications serving as the basis for the various
p.000074: interventions, and the detailed professional rules for performing the healthcare interventions.
p.000074:
p.000074: (2) Operation license to perform reproduction procedures shall be awarded only to health service providers which can
p.000074: simultaneously meet the professional requirements set forth under separate statute for the frozen storage of
p.000074: reproductive cells and embryos.
p.000074:
p.000074: Donating and Depositing Reproductive Cells Section 170
p.000074:
p.000074: (1) Reproductive cells may be donated for use in reproduction procedures or for medical research, and shall be used
p.000074: only for the purpose specified by the donor.
p.000074:
p.000074: (2) When conducting a reproductive procedure, the reproductive cells used shall all come from the same donor.
p.000074:
p.000074: (3) Remuneration for donating reproductive cells shall not be requested or provided. Donation-related necessary and
p.000074: certified costs of a donor, including loss of income, shall be reimbursed, within the sphere and under the conditions
p.000074: set forth by Minister of Health Decree.
p.000074:
p.000074: Section 171
p.000074:
p.000074: (1) Reproductive cells may be donated by any person in full possession of his disposing capacity, when cells are
p.000074: donated for a reproductive procedure, by persons under the age of 35 years, who meets the conditions set forth under
p.000074: separate statute.
p.000074:
p.000074: (2) Reproductive cells for reproduction procedures or for reproductive cell research can be donated directly to
p.000074: healthcare providers and/or research facilities authorized to conduct reproduction procedures or reproductive cell
p.000074: research. Natural persons, legal entities, or unincorporated organizations that are not authorized to conduct
p.000074: reproduction procedures or
p.000074:
p.000075: 75
p.000075:
p.000075: research shall not accept human reproductive cells or materials containing said cells as donations, and cannot claim
p.000075: ownership to same.
p.000075:
p.000075: (3) The donation set forth under Subsection (2) shall occur by providing a written declaration of donation to the
p.000075: health service provider or research facility authorized to accept reproductive cells and by appearing in person at the
p.000075: institution for harvesting the substance containing the reproductive cells. When donating the cells for a reproduction
p.000075: procedure, the donor’s declaration shall contain the name of the donor (family and given name, maiden name), mother’s
p.000075: maiden name, address, date of birth, gender, physical description, and all illnesses of which the donor is aware.
p.000075:
p.000075: (4) The health service provider to which a donation has been offered, prior to harvesting the reproductive cells being
p.000075: donated for reproductive procedures, shall see to it that the donor, who has appeared in person, undergoes a
...
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
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Social / Child
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p.000071: case of another health service provider, by the executive of the regionally responsible Budapest or county inpatient
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
...
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
p.000073: 44 Established by Section 14, Act LXXI of 1999. Amended by Subsection (1), Section 32, Act CXIX of 1999.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000074: 74
p.000074:
p.000074: 4. d) the effects and possible risks to the unborn child and/or the subjects of the intervention;
p.000074: 5. e) the expected results of the procedure;
p.000074: 6. f) the expected costs of submitting to the procedure;
p.000074: 7. g) the statutes regulating execution of the procedure.
p.000074:
p.000074: (3) When informing the patient as set forth under Subsection (2), general rules on providing information to patients as
p.000074: set forth in this Act shall have precedence, however, the spouse or common-law spouse not participating directly in the
p.000074: intervention also shall be entitled to the legal status of patient. If several of the reproduction procedures set forth
p.000074: in Subsection (1) of Section 166 may be applied, the information shall cover all procedures that can be conducted and
p.000074: shall also include a concrete medical recommendation for one of the procedures.
p.000074:
p.000074: (4) The reproduction procedure only shall be begun on receipt of a joint written statement of consent written after
p.000074: they have been informed, or - in the case of a single woman - shall only be continued after a written statement of
p.000074: consent from the applicant has been received.
p.000074:
p.000074: (5) Only a person in full possession of his disposing capacity shall be entitled to make the legal declarations set
p.000074: forth in Subsections (1) and (4).
p.000074:
p.000074: Section 169
p.000074:
p.000074: (1) A Minister of Health Decree shall set forth the professional conditions for the operation of healthcare providers
...
p.000077: possible later use (embryo deposit), or to donate it to other persons for use in a reproduction procedure, or to offer
p.000077: it to research. In the absence of proper provisions, or knowledge of said provisions, it shall be assumed that the
p.000077: intention was to deposit a healthy embryo.
p.000077:
p.000077: (4) Embryos coming from identical persons shall be used in reproduction procedures on a maximum of two other persons.
p.000077:
p.000077: Section 176
p.000077:
p.000077: (1) An embryo can be offered through a written declaration by the persons authorized to decide upon its disposal, which
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
p.000077: (2) When offering and/or rejecting an embryo, the provisions of Subsection (2) of Section 171 shall be applied, as
p.000077: appropriate.
p.000077:
p.000077: (3) Thehealthserviceproviderorresearchfacilityofferedtheembryomayrejecttheembryo offered if it is probable that it will
p.000077: not be able to use it for the purpose specified within the time frame under which it can be used, however, it shall be
p.000077: mandated to safeguard it and store it until use under Subsection (4). An offer of an embryo donation shall be rejected
p.000077: if it is not probable that a healthy child can develop from said embryo.
p.000077:
p.000077: (4) Any body or person gaining possession of an embryo without the authority to do so, or with the authority to do so,
p.000077: but when the offer of the embryo has been rejected in accordance
p.000077:
p.000078: 78
p.000078:
p.000078: with Subsection (3), shall be obliged to transfer the embryo to an authorized health service provider or research
p.000078: facility. A damaged embryo may only be transferred to a research facility. The possessor of the embryo must safeguard
p.000078: an embryo not transferred to another authorized facility, or to destroy a damaged embryo, pursuant to the provisions of
p.000078: Subsection (5).
p.000078:
p.000078: (5) All healthcare providers and research facilities shall accept transfer of a viable embryo from a person or body
p.000078: clearly unauthorized to possess said embryo, and treat disposal of the embryo in keeping with the intent or assumed
p.000078: intent of the parties authorized to decide upon its disposal in keeping with Subsection
p.000078: (3) of Section 175.
p.000078:
p.000078: Section 177
p.000078:
...
p.000078: spouse (common-law spouse) for purposes of implanting, in the absence of a declaration precluding this as set forth in
p.000078: Subsection (2) of Section 167. If such a declaration of preclusion exists, the declaration of the person authorized to
p.000078: decide on disposal of the deposited embryo shall have precedence; in lieu of such a declaration the stipulations set
p.000078: forth for embryo donation shall be properly applied, and in doing so the healthcare provider at which the embryo was
p.000078: deposited shall be considered the healthcare provider making the donation.
p.000078:
p.000078: (5) An embryo offered for donation shall be stored for a maximum of 5 years, which can be extended for one additional 5
p.000078: year period. The maximum length of time during which a deposited embryo shall be stored is 10 years. An embryo that
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
...
p.000079: be manipulated by changing its characteristics from those existing at the time of conception or by introducing new
p.000079: characteristics when the embryo is intended for viability; multiple individuals that conform to one another genetically
p.000079: shall not be brought about.
p.000079:
p.000079: Section 181
p.000079:
p.000079: (1) An embryo on which research has been conducted must not be implanted into the human body, and reproductive cells
p.000079: that have been used for research must not be used in
p.000079:
p.000080: 80
p.000080:
p.000080: reproductive procedures. An embryo used for research shall be kept viable for a maximum of 14 days, not counting the
p.000080: time it was frozen for storage, even considering the duration of the research.
p.000080:
p.000080: (2) Examinations for purposes of diagnostics or therapy, or to determine the suitability of an embryo for replanting or
p.000080: implanting, shall not qualify as embryo research for purposes of applying this Act.
p.000080:
p.000080: Section 182
p.000080:
p.000080: (1) Procedures to select the gender of progeny prior to birth may be conducted to identify heritable diseases linked to
p.000080: gender or to prevent the occurrence of said diseases.
p.000080:
p.000080: (2) Various genetic specifics of an embryo may be altered, as opposed to the provisions of Subsection (1), to prevent
p.000080: or treat diseases expected to occur in the child that will be born, to the extent and in the manner considered
p.000080: absolutely necessary to achieve the purpose.
p.000080:
p.000080: (3) Separation of the cells in an embryo only shall be done to diagnose diseases considered probable to occur in the
p.000080: child once born, and to determine damage to an embryo.
p.000080:
p.000080: (4) The married couple (common-law couple) bringing about the embryo shall give awritten statement of consent, after
p.000080: receiving proper information, prior to completing the procedures set forth in Subsections (1)
p.000080: - (3), which shall be executed by a healthcare provider authorized to conduct reproduction procedures. Sections
p.000080: 183-18445
p.000080: Reducing the Number of Embryos or Fetuses in Multiple Pregnancies
p.000080:
p.000080: Section 185
p.000080:
p.000080: (1) When a multiple pregnancy exists, intrauterine intervention may be conducted when it is considered medically
p.000080: probable that certain embryos (fetuses) have development disorders rendering them non-viable or, while viable, have
p.000080: suffered damage resulting in serious and untreatable disabilities, to reduce the embryos (fetuses) carried to term to
p.000080: the healthy ones.
p.000080:
p.000080: (2) In order to carry the pregnancy to term, to bring healthy children into the world, or to ensure a safe pregnancy
p.000080: that does not endanger the life and well-being of the embryos (fetuses) or the mother, the number of embryos (fetuses)
...
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
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p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
...
p.000080: absolutely necessary to achieve the purpose.
p.000080:
p.000080: (3) Separation of the cells in an embryo only shall be done to diagnose diseases considered probable to occur in the
p.000080: child once born, and to determine damage to an embryo.
p.000080:
p.000080: (4) The married couple (common-law couple) bringing about the embryo shall give awritten statement of consent, after
p.000080: receiving proper information, prior to completing the procedures set forth in Subsections (1)
p.000080: - (3), which shall be executed by a healthcare provider authorized to conduct reproduction procedures. Sections
p.000080: 183-18445
p.000080: Reducing the Number of Embryos or Fetuses in Multiple Pregnancies
p.000080:
p.000080: Section 185
p.000080:
p.000080: (1) When a multiple pregnancy exists, intrauterine intervention may be conducted when it is considered medically
p.000080: probable that certain embryos (fetuses) have development disorders rendering them non-viable or, while viable, have
p.000080: suffered damage resulting in serious and untreatable disabilities, to reduce the embryos (fetuses) carried to term to
p.000080: the healthy ones.
p.000080:
p.000080: (2) In order to carry the pregnancy to term, to bring healthy children into the world, or to ensure a safe pregnancy
p.000080: that does not endanger the life and well-being of the embryos (fetuses) or the mother, the number of embryos (fetuses)
p.000080: in a multiple pregnancy can be reduced even when all embryos (fetuses) are healthy.
p.000080:
p.000080: (3) In the case set forth under Subsection (1), on recommendation of the responsible genetic counselor, the number of
p.000080: intra-uterine fetuses can be reduced up until the 20th week of gestation, or, if the diagnostic process is prolonged,
p.000080: until the 24th week. With respect to a multiple pregnancy set forth under Subsection (2), on recommendation of a
p.000080: specialist physician, the number of fetuses can be reduced until the 12th week
p.000080: of gestation, or if there is an obstacle to diagnosing the multiple pregnancy at an earlier time, until the 14th week
p.000080: of gestation.
p.000080:
p.000080: (4) In procedures to reduce the number of intra-uterine embryos (fetuses), the provisions of Act 79 of 1992 on
p.000080: Protection of Fetal Life (hereinafter: Fetal Protection Act) shall have precedence in issues not regulated by this Act.
p.000080: The provisions of this Act do not effect the
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
...
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
...
Social / Fetus/Neonate
Searching for indicator fetus:
(return to top)
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
p.000072: SPECIAL PROCEDURES TARGETED AT HUMAN REPRODUCTION, RESEARCH CONDUCTED USING EMBRYOS AND REPRODUCTIVE CELLS,
p.000072: STERILIZATION PROCEDURES
p.000072:
p.000072: Section 165
p.000072:
p.000072: For the purposes of this chapter
p.000072:
p.000072: a) embryo: all live human embryos from the conclusion of fertilization until the 12th week of gestation,
p.000072:
p.000072: b) fetus: all intra-uterine humans from the 12th week of gestation.
p.000072: General Conditions of Special Procedures Targeted at Human Reproduction Section 166
p.000072: (1) Special methods that may be applied to human reproduction (hereinafter: reproduction procedures) are
p.000072:
p.000072: 1. a) in vitro fertilization and embryo implantation,
p.000072: 2. b) artificial in vivo fertilization using the sperm of the spouse or common-law spouse, or donor sperm,
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
...
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
...
Searching for indicator fetuses:
(return to top)
p.000072:
p.000072: b) fetus: all intra-uterine humans from the 12th week of gestation.
p.000072: General Conditions of Special Procedures Targeted at Human Reproduction Section 166
p.000072: (1) Special methods that may be applied to human reproduction (hereinafter: reproduction procedures) are
p.000072:
p.000072: 1. a) in vitro fertilization and embryo implantation,
p.000072: 2. b) artificial in vivo fertilization using the sperm of the spouse or common-law spouse, or donor sperm,
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
...
p.000080: implanting, shall not qualify as embryo research for purposes of applying this Act.
p.000080:
p.000080: Section 182
p.000080:
p.000080: (1) Procedures to select the gender of progeny prior to birth may be conducted to identify heritable diseases linked to
p.000080: gender or to prevent the occurrence of said diseases.
p.000080:
p.000080: (2) Various genetic specifics of an embryo may be altered, as opposed to the provisions of Subsection (1), to prevent
p.000080: or treat diseases expected to occur in the child that will be born, to the extent and in the manner considered
p.000080: absolutely necessary to achieve the purpose.
p.000080:
p.000080: (3) Separation of the cells in an embryo only shall be done to diagnose diseases considered probable to occur in the
p.000080: child once born, and to determine damage to an embryo.
p.000080:
p.000080: (4) The married couple (common-law couple) bringing about the embryo shall give awritten statement of consent, after
p.000080: receiving proper information, prior to completing the procedures set forth in Subsections (1)
p.000080: - (3), which shall be executed by a healthcare provider authorized to conduct reproduction procedures. Sections
p.000080: 183-18445
p.000080: Reducing the Number of Embryos or Fetuses in Multiple Pregnancies
p.000080:
p.000080: Section 185
p.000080:
p.000080: (1) When a multiple pregnancy exists, intrauterine intervention may be conducted when it is considered medically
p.000080: probable that certain embryos (fetuses) have development disorders rendering them non-viable or, while viable, have
p.000080: suffered damage resulting in serious and untreatable disabilities, to reduce the embryos (fetuses) carried to term to
p.000080: the healthy ones.
p.000080:
p.000080: (2) In order to carry the pregnancy to term, to bring healthy children into the world, or to ensure a safe pregnancy
p.000080: that does not endanger the life and well-being of the embryos (fetuses) or the mother, the number of embryos (fetuses)
p.000080: in a multiple pregnancy can be reduced even when all embryos (fetuses) are healthy.
p.000080:
p.000080: (3) In the case set forth under Subsection (1), on recommendation of the responsible genetic counselor, the number of
p.000080: intra-uterine fetuses can be reduced up until the 20th week of gestation, or, if the diagnostic process is prolonged,
p.000080: until the 24th week. With respect to a multiple pregnancy set forth under Subsection (2), on recommendation of a
p.000080: specialist physician, the number of fetuses can be reduced until the 12th week
p.000080: of gestation, or if there is an obstacle to diagnosing the multiple pregnancy at an earlier time, until the 14th week
p.000080: of gestation.
p.000080:
p.000080: (4) In procedures to reduce the number of intra-uterine embryos (fetuses), the provisions of Act 79 of 1992 on
p.000080: Protection of Fetal Life (hereinafter: Fetal Protection Act) shall have precedence in issues not regulated by this Act.
p.000080: The provisions of this Act do not effect the
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080: 45 Repealed together with the subtitle preceding Section 183, by Subsection (1), Section 32 of CXIX of 1999
p.000080:
p.000081: 81
p.000081:
p.000081: opportunity to reduce the number of fetuses for other reasons set forth by the Fetal Protection Act as cause for
p.000081: premature termination of a pregnancy (abortion).
p.000081:
p.000081: The Human Reproduction Committee Section 186
p.000081:
p.000081: (1) The MRC’s Human Reproduction Committee (hereinafter: Committee) shall operate as the Minister of Health’s advisory,
p.000081: decision-making and supervisory body in the area of reproduction procedures and medical research conducted with
p.000081: embryos.
p.000081:
p.000081: 2. (2) TheCommitteeshallconductthetaskssetforthinthisActandbyseparatestatute.
p.000081: 3. (3) Inparticular,thetasksofthecommitteeshallbeto
p.000081:
p.000081: a) provide preliminary opinions on granting operation licenses to healthcare providers to conduct reproduction
p.000081: procedures and/or so store reproductive cells (embryos) in frozen form, to continuously monitor operations, and when
p.000081: necessary to make recommendations on specific measures to be taken by the health service providers, the bodies
p.000081: maintaining them, and by the health authority responsible for professional supervision;
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
...
Social / Incarcerated
Searching for indicator liberty:
(return to top)
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
...
Searching for indicator restricted:
(return to top)
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
p.000072: SPECIAL PROCEDURES TARGETED AT HUMAN REPRODUCTION, RESEARCH CONDUCTED USING EMBRYOS AND REPRODUCTIVE CELLS,
p.000072: STERILIZATION PROCEDURES
p.000072:
p.000072: Section 165
p.000072:
p.000072: For the purposes of this chapter
p.000072:
p.000072: a) embryo: all live human embryos from the conclusion of fertilization until the 12th week of gestation,
p.000072:
p.000072: b) fetus: all intra-uterine humans from the 12th week of gestation.
p.000072: General Conditions of Special Procedures Targeted at Human Reproduction Section 166
p.000072: (1) Special methods that may be applied to human reproduction (hereinafter: reproduction procedures) are
p.000072:
p.000072: 1. a) in vitro fertilization and embryo implantation,
p.000072: 2. b) artificial in vivo fertilization using the sperm of the spouse or common-law spouse, or donor sperm,
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
...
Social / Marital Status
Searching for indicator single:
(return to top)
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
p.000073: 44 Established by Section 14, Act LXXI of 1999. Amended by Subsection (1), Section 32, Act CXIX of 1999.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000074: 74
p.000074:
p.000074: 4. d) the effects and possible risks to the unborn child and/or the subjects of the intervention;
p.000074: 5. e) the expected results of the procedure;
p.000074: 6. f) the expected costs of submitting to the procedure;
p.000074: 7. g) the statutes regulating execution of the procedure.
p.000074:
p.000074: (3) When informing the patient as set forth under Subsection (2), general rules on providing information to patients as
p.000074: set forth in this Act shall have precedence, however, the spouse or common-law spouse not participating directly in the
p.000074: intervention also shall be entitled to the legal status of patient. If several of the reproduction procedures set forth
p.000074: in Subsection (1) of Section 166 may be applied, the information shall cover all procedures that can be conducted and
p.000074: shall also include a concrete medical recommendation for one of the procedures.
p.000074:
p.000074: (4) The reproduction procedure only shall be begun on receipt of a joint written statement of consent written after
p.000074: they have been informed, or - in the case of a single woman - shall only be continued after a written statement of
p.000074: consent from the applicant has been received.
p.000074:
p.000074: (5) Only a person in full possession of his disposing capacity shall be entitled to make the legal declarations set
p.000074: forth in Subsections (1) and (4).
p.000074:
p.000074: Section 169
p.000074:
p.000074: (1) A Minister of Health Decree shall set forth the professional conditions for the operation of healthcare providers
p.000074: authorized to conduct reproduction procedures, the set of health indications serving as the basis for the various
p.000074: interventions, and the detailed professional rules for performing the healthcare interventions.
p.000074:
p.000074: (2) Operation license to perform reproduction procedures shall be awarded only to health service providers which can
p.000074: simultaneously meet the professional requirements set forth under separate statute for the frozen storage of
p.000074: reproductive cells and embryos.
p.000074:
p.000074: Donating and Depositing Reproductive Cells Section 170
p.000074:
p.000074: (1) Reproductive cells may be donated for use in reproduction procedures or for medical research, and shall be used
p.000074: only for the purpose specified by the donor.
p.000074:
p.000074: (2) When conducting a reproductive procedure, the reproductive cells used shall all come from the same donor.
p.000074:
p.000074: (3) Remuneration for donating reproductive cells shall not be requested or provided. Donation-related necessary and
...
p.000075: measures to destroy said data.
p.000075:
p.000076: 76
p.000076:
p.000076: (3) In the course of data management as set forth under Subsection (2), personal and special data may be provided to
p.000076: other healthcare providers authorized to conduct reproduction procedures, or to persons authorized to make use of
p.000076: reproduction procedures, with the restrictions set forth in Subsection (2).
p.000076:
p.000076: (4) Of the data learned in connection with the donation of reproductive cells, research facilities may manage only data
p.000076: specific to the state of health, and the illnesses of the donor. The right to manage data includes maintaining records
p.000076: of the data that are authorized to manage in a manner that prevents personal identification, and transferring or
p.000076: disclosing said data only as it relates to the objectives and/or results of medical research.
p.000076:
p.000076: Section 173
p.000076:
p.000076: (1) A health service provider only may provide reproductive cells donated for reproductive procedures in order to
p.000076: conduct said procedure and only to the extent made necessary by the procedure, under the restrictions set forth in
p.000076: Subsection (2), either for procedures that it shall conduct or for procedures conducted by another healthcare provider
p.000076: authorized to conduct reproductive procedures.
p.000076:
p.000076: (2) When providing reproductive cells, it shall be ensured that the number of progeny from one and the same
p.000076: reproductive cell donor shall not exceed four, even when reproductive procedures are performed on different persons.
p.000076: Reproductive cells used in a single reproductive procedure shall all come from the same donor.
p.000076:
p.000076: (3) Prior to issuing donated reproductive cells, when the reproductive procedure is being performed by another health
p.000076: service provider, using the data made available by the institution conducting the intervention, the health service
p.000076: provider storing the reproductive cells shall ascertain that the reproductive cells can be used for the given
p.000076: reproduction procedure, and determine the absence of any possible biological incompatibility. The persons applying for
p.000076: the reproductive procedure shall provide data suitable for identification to the facility conducting the investigation,
p.000076: if this is necessary to complete the investigation.
p.000076:
p.000076: (4) The health service provider handling the storage of the reproductive cells shall provide no information on the
p.000076: circumstances under which the reproductive cells were transferred or on the data of persons involved in their use, and
p.000076: shall not transfer any such data, or disclose any of it.
p.000076:
p.000076: (5) Aresearchfacilityonlymaytransferreproductivecellsforpurposesofmedicalresearch, and only to a healthcare provider or
p.000076: research facility authorized to receive reproductive cells.
p.000076:
p.000076: Section 174
p.000076:
p.000076: (1) The health service provider shall store donated and accepted reproductive cells by freezing them. Storage of
p.000076: reproductive cells can be precluded or limited in duration by the provisions of separate statute. On expiration of the
p.000076: limited duration, the stored reproductive cells shall be destroyed.
p.000076:
...
p.000078: Subsection (1) of Section 176 shall be managed.
p.000078:
p.000078: (2) In procedures involving embryo donations, management of data related to embryos and to the donation of reproductive
p.000078: cells learned in an authorized manner by healthcare providers and which is connected to personal and special data that
p.000078: can be managed in at least one of the procedures shall not be considered unauthorized management.
p.000078:
p.000078: Section 178
p.000078:
p.000078: (1) Release of embryos that have been donated or offered for research, storage of embryos by health service providers,
p.000078: and deposits of embryos shall be governed by the provisions of Subsections (1), and (4)
p.000078: -(5) of Section 173 and by Subsections (1) - (3), and (5) of Section 174 with the difference set forth in Subsections
p.000078: (2) - (3).
p.000078:
p.000078: (2) Anembryoshallbedepositeduponmeasurestakenbytheperson(s)authorizedtodecide upon its disposal, or on the basis of the
p.000078: assumed intention of that person (those persons) as set forth by this Act. Stipulation of the medical ground or other
p.000078: cause for depositing the embryo shall not be necessary.
p.000078:
p.000078: (3) An embryo that has been deposited shall be released only on the basis of a written declaration expressing the
p.000078: agreement of both parties with the right to decide on disposal, except in the case of the death of one party, or a
p.000078: renunciation of said rights.
p.000078:
p.000078: (4) An embryo shall be released to a single woman with the right to decide upon disposal following the death of her
p.000078: spouse (common-law spouse) for purposes of implanting, in the absence of a declaration precluding this as set forth in
p.000078: Subsection (2) of Section 167. If such a declaration of preclusion exists, the declaration of the person authorized to
p.000078: decide on disposal of the deposited embryo shall have precedence; in lieu of such a declaration the stipulations set
p.000078: forth for embryo donation shall be properly applied, and in doing so the healthcare provider at which the embryo was
p.000078: deposited shall be considered the healthcare provider making the donation.
p.000078:
p.000078: (5) An embryo offered for donation shall be stored for a maximum of 5 years, which can be extended for one additional 5
p.000078: year period. The maximum length of time during which a deposited embryo shall be stored is 10 years. An embryo that
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
...
Searching for indicator married:
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p.000072: 2. b) artificial in vivo fertilization using the sperm of the spouse or common-law spouse, or donor sperm,
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
p.000073: 44 Established by Section 14, Act LXXI of 1999. Amended by Subsection (1), Section 32, Act CXIX of 1999.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000074: 74
p.000074:
...
p.000076: limited duration, the stored reproductive cells shall be destroyed.
p.000076:
p.000076: (2) On medical grounds and on recommendation of a specialist physician or when otherwise requested for cause,
p.000076: facilities may accept deposits of reproductive cells from persons in possession of full disposing capacities for frozen
p.000076: storage to be used by the depositor at a later date (reproductive cell deposits). Only reproductive cells coming from
p.000076: the depositor and personally harvested from depositor shall be accepted for storage.
p.000076:
p.000076: (3) Reproductive cells that have been deposited may be provided to health service providers conducting reproduction
p.000076: procedures on the written request of the depositor. On the written
p.000076:
p.000077: 77
p.000077:
p.000077: request of the depositor, the reproductive cells shall be destroyed before expiration of the storage time limit.
p.000077:
p.000077: (4) Inthecourseofstoringreproductivecells,cellsfromdifferentdonors,cellsfromoneand the same donor harvested at
p.000077: different times, cells donated for different purposes, and various samples of cells provided for deposit, shall not be
p.000077: mixed.
p.000077:
p.000077: (5) Continuousrecordsshallbekeptonreproductivecellsstored,andontheissuance,useor destruction of said cells. To maintain
p.000077: these records, the reproductive cells shall be stored in a manner enabling identification of the donor, or when stored
p.000077: for purposes of research, in a manner that does not enable identification of the donor, and each storage unit shall be
p.000077: affixed with an identification code.
p.000077:
p.000077: Embryo Donations and Deposits Section 175
p.000077:
p.000077: (1) The married (common-law) couple shall jointly exercise the right of disposal over an embryo brought about in vitro
p.000077: for reproductive purposes until the death of one of the partners, irrespectively of any subsequent change in the
p.000077: spousal (common-law spousal) relationship, but either of the parties shall have the right to renounce the right of
p.000077: disposal in an official document or a private document with full evidentiary authority. When there is a difference of
p.000077: opinion, the rules of embryo deposit shall be appropriately applied.
p.000077:
p.000077: (2) The married (common-law) couple participating in a reproduction procedure involving their own reproductive cells
p.000077: shall be jointly entitled to the right of disposal of an in vitro embryo brought about through reproductive cell
p.000077: donation, also in keeping with the provisions of Subsection (1).
p.000077:
p.000077: (3) The right of disposal over an embryo set forth in Subsections (1)-(2) shall include the right to deposit it for
p.000077: possible later use (embryo deposit), or to donate it to other persons for use in a reproduction procedure, or to offer
p.000077: it to research. In the absence of proper provisions, or knowledge of said provisions, it shall be assumed that the
p.000077: intention was to deposit a healthy embryo.
p.000077:
p.000077: (4) Embryos coming from identical persons shall be used in reproduction procedures on a maximum of two other persons.
p.000077:
p.000077: Section 176
p.000077:
p.000077: (1) An embryo can be offered through a written declaration by the persons authorized to decide upon its disposal, which
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
p.000077: (2) When offering and/or rejecting an embryo, the provisions of Subsection (2) of Section 171 shall be applied, as
p.000077: appropriate.
p.000077:
...
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
p.000079: (5) During reproductive procedures or other healthcare services, or during medical research, an embryo shall not be
p.000079: turned into multiple embryos or, with the exception of the provisions of Subsection (1) - (2) of Section 182, shall not
...
p.000079: that have been used for research must not be used in
p.000079:
p.000080: 80
p.000080:
p.000080: reproductive procedures. An embryo used for research shall be kept viable for a maximum of 14 days, not counting the
p.000080: time it was frozen for storage, even considering the duration of the research.
p.000080:
p.000080: (2) Examinations for purposes of diagnostics or therapy, or to determine the suitability of an embryo for replanting or
p.000080: implanting, shall not qualify as embryo research for purposes of applying this Act.
p.000080:
p.000080: Section 182
p.000080:
p.000080: (1) Procedures to select the gender of progeny prior to birth may be conducted to identify heritable diseases linked to
p.000080: gender or to prevent the occurrence of said diseases.
p.000080:
p.000080: (2) Various genetic specifics of an embryo may be altered, as opposed to the provisions of Subsection (1), to prevent
p.000080: or treat diseases expected to occur in the child that will be born, to the extent and in the manner considered
p.000080: absolutely necessary to achieve the purpose.
p.000080:
p.000080: (3) Separation of the cells in an embryo only shall be done to diagnose diseases considered probable to occur in the
p.000080: child once born, and to determine damage to an embryo.
p.000080:
p.000080: (4) The married couple (common-law couple) bringing about the embryo shall give awritten statement of consent, after
p.000080: receiving proper information, prior to completing the procedures set forth in Subsections (1)
p.000080: - (3), which shall be executed by a healthcare provider authorized to conduct reproduction procedures. Sections
p.000080: 183-18445
p.000080: Reducing the Number of Embryos or Fetuses in Multiple Pregnancies
p.000080:
p.000080: Section 185
p.000080:
p.000080: (1) When a multiple pregnancy exists, intrauterine intervention may be conducted when it is considered medically
p.000080: probable that certain embryos (fetuses) have development disorders rendering them non-viable or, while viable, have
p.000080: suffered damage resulting in serious and untreatable disabilities, to reduce the embryos (fetuses) carried to term to
p.000080: the healthy ones.
p.000080:
p.000080: (2) In order to carry the pregnancy to term, to bring healthy children into the world, or to ensure a safe pregnancy
p.000080: that does not endanger the life and well-being of the embryos (fetuses) or the mother, the number of embryos (fetuses)
p.000080: in a multiple pregnancy can be reduced even when all embryos (fetuses) are healthy.
p.000080:
p.000080: (3) In the case set forth under Subsection (1), on recommendation of the responsible genetic counselor, the number of
...
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
...
Social / Religion
Searching for indicator conviction:
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p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
...
Social / Social
Searching for indicator social:
(return to top)
p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
p.000070: yet become fully known or completely investigated.
p.000070:
p.000070: Section 158
p.000070:
p.000070: (1) Research may be conducted within the framework set forth in this Act, with the differences as set forth under
p.000070: separate statute with regard to clinical research on pharmaceuticals.
p.000070:
p.000070: (2) The professional conditions and detailed rules for research shall be set forth by the Minister of Health, who shall
p.000070: consider the opinion of the MRC.
p.000070:
p.000070: 38 Established by Section 13, Act LXXI of 1999. In force as of 1 July 1999 39 Inserted by Section 13, Act LXXI of 1999.
p.000070: In force as of 1 July 1999
p.000070: 40 Numbering amended by Section 13, Act LXXI of 1999.
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
...
p.000081: procedures and/or so store reproductive cells (embryos) in frozen form, to continuously monitor operations, and when
p.000081: necessary to make recommendations on specific measures to be taken by the health service providers, the bodies
p.000081: maintaining them, and by the health authority responsible for professional supervision;
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
...
Social / Soldier
Searching for indicator military:
(return to top)
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
...
Social / Women
Searching for indicator women:
(return to top)
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
...
Social / embryo
Searching for indicator embryo:
(return to top)
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
p.000072: SPECIAL PROCEDURES TARGETED AT HUMAN REPRODUCTION, RESEARCH CONDUCTED USING EMBRYOS AND REPRODUCTIVE CELLS,
p.000072: STERILIZATION PROCEDURES
p.000072:
p.000072: Section 165
p.000072:
p.000072: For the purposes of this chapter
p.000072:
p.000072: a) embryo: all live human embryos from the conclusion of fertilization until the 12th week of gestation,
p.000072:
p.000072: b) fetus: all intra-uterine humans from the 12th week of gestation.
p.000072: General Conditions of Special Procedures Targeted at Human Reproduction Section 166
p.000072: (1) Special methods that may be applied to human reproduction (hereinafter: reproduction procedures) are
p.000072:
p.000072: 1. a) in vitro fertilization and embryo implantation,
p.000072: 2. b) artificial in vivo fertilization using the sperm of the spouse or common-law spouse, or donor sperm,
p.000072: c) in vitro fertilization using donor sperm and embryo implantation, d) implantation of donated embryos e)42
p.000072:
p.000072: f) other methods to promote fertilization of female reproductive cells, to enhance the ability of said cells to become
p.000072: fertilized, and to promote the adhesion and development of fertilized reproductive cells.
p.000072:
p.000072: (2) Only human reproductive cells or human embryos shall be used in fertilization and in embryo implants in the course
p.000072: of reproduction procedures.
p.000072:
p.000072: 41 Amended by Paragraph f), Subsection (3), Section 24, Act LXXI of 1999. 42 Repealed by Subsection (1), Section 32,
p.000072: Act CXIX of 1999.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000073: 73
p.000073:
p.000073: (3) Reproductive cells from deceased parties, including from persons who are brain-dead, or from dead fetuses, shall
p.000073: not be used in reproduction procedures.
p.000073:
p.000073: (4) TheprovisionsofSections170-174,and/orSections175-179shalltakeprecedenceinthe donation of reproductive cells and/or
p.000073: embryos.
p.000073:
p.000073: (5)43 Only the methods set forth in Subsection (1) shall be applied as reproduction procedures.
p.000073:
p.000073: Section 167
p.000073:
p.000073: (1) Reproduction procedures may be performed on married couples or on two persons of opposing genders living together
p.000073: as common-law spouses if, for reasons of health existing among either party (infertility), it is highly probable that a
p.000073: healthy child cannot be produced through natural means. Among common-law spouses, the procedures only may be conducted
p.000073: if neither of the partners is married to another person.
p.000073:
p.000073: (2) If the female reproductive cell already has been fertilized, the reproduction procedure may be continued by a woman
p.000073: who has become single by termination of the marriage (common-law) relationship. If, however, the fertilization was in
p.000073: vitro and the embryo has not yet been implanted, prior to the beginning of the reproduction procedure the married
p.000073: (common-law) couple may expressly preclude continuation of the procedure for the event of the death of the spouse
p.000073: (common-law spouse) by submitting a joint request focused on this eventuality as per Subsection (1) of Section 168.
p.000073:
p.000073: (3) The reproduction procedures set forth in Subsections (1) - (2) only shall be performed when other methods of
p.000073: treating infertility have proven unsuccessful and when there is a medically founded chance that a healthy child will be
p.000073: conceived and born as a result of the procedure.
p.000073:
p.000073: (4) Reproduction procedures may be conducted on recommendation of a competent specialist physician, and by a health
p.000073: service provider authorized to conduct said procedures in its operation license.
p.000073:
p.000073: Section 168
p.000073:
p.000073: (1)44 A reproduction procedure, or in the case of a single woman, continuation of said procedure, shall occur at the
p.000073: joint written request of the married or common-law couple or of the single woman, in absence of a declaration of
p.000073: preclusion as set forth in Subsection (2) of Section 167, and within the framework of the law on disposition over an
p.000073: embryo that has been deposited. The request shall be formulated as a private legal document of full evidentiary
p.000073: validity. Common-law spouses shall submit a statement of their common-law relationship in the form of an official
p.000073: document.
p.000073:
p.000073: (2) Prior to beginning the procedure, the physician conducting the procedure or a member of the medical team shall meet
p.000073: with the applicants, who shall appear together and in person, and provide oral and written information on the
p.000073: reproduction procedures that can be conducted in their given case. The information shall include, in particular:
p.000073:
p.000073: 1. a) the medical indications for the procedure;
p.000073: 2. b) the nature of the procedure that can be performed, possible further and additional medical interventions that
p.000073: may become necessary during execution;
p.000073: c) the effects of drug treatment necessary prior to performing the intervention;
p.000073:
p.000073: 43 Inserted by Section 16, Act CXIX of 1999. In force as of 1 January 2000.
p.000073: 44 Established by Section 14, Act LXXI of 1999. Amended by Subsection (1), Section 32, Act CXIX of 1999.
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000073:
p.000074: 74
p.000074:
p.000074: 4. d) the effects and possible risks to the unborn child and/or the subjects of the intervention;
p.000074: 5. e) the expected results of the procedure;
p.000074: 6. f) the expected costs of submitting to the procedure;
p.000074: 7. g) the statutes regulating execution of the procedure.
p.000074:
...
p.000076: reproductive cells can be precluded or limited in duration by the provisions of separate statute. On expiration of the
p.000076: limited duration, the stored reproductive cells shall be destroyed.
p.000076:
p.000076: (2) On medical grounds and on recommendation of a specialist physician or when otherwise requested for cause,
p.000076: facilities may accept deposits of reproductive cells from persons in possession of full disposing capacities for frozen
p.000076: storage to be used by the depositor at a later date (reproductive cell deposits). Only reproductive cells coming from
p.000076: the depositor and personally harvested from depositor shall be accepted for storage.
p.000076:
p.000076: (3) Reproductive cells that have been deposited may be provided to health service providers conducting reproduction
p.000076: procedures on the written request of the depositor. On the written
p.000076:
p.000077: 77
p.000077:
p.000077: request of the depositor, the reproductive cells shall be destroyed before expiration of the storage time limit.
p.000077:
p.000077: (4) Inthecourseofstoringreproductivecells,cellsfromdifferentdonors,cellsfromoneand the same donor harvested at
p.000077: different times, cells donated for different purposes, and various samples of cells provided for deposit, shall not be
p.000077: mixed.
p.000077:
p.000077: (5) Continuousrecordsshallbekeptonreproductivecellsstored,andontheissuance,useor destruction of said cells. To maintain
p.000077: these records, the reproductive cells shall be stored in a manner enabling identification of the donor, or when stored
p.000077: for purposes of research, in a manner that does not enable identification of the donor, and each storage unit shall be
p.000077: affixed with an identification code.
p.000077:
p.000077: Embryo Donations and Deposits Section 175
p.000077:
p.000077: (1) The married (common-law) couple shall jointly exercise the right of disposal over an embryo brought about in vitro
p.000077: for reproductive purposes until the death of one of the partners, irrespectively of any subsequent change in the
p.000077: spousal (common-law spousal) relationship, but either of the parties shall have the right to renounce the right of
p.000077: disposal in an official document or a private document with full evidentiary authority. When there is a difference of
p.000077: opinion, the rules of embryo deposit shall be appropriately applied.
p.000077:
p.000077: (2) The married (common-law) couple participating in a reproduction procedure involving their own reproductive cells
p.000077: shall be jointly entitled to the right of disposal of an in vitro embryo brought about through reproductive cell
p.000077: donation, also in keeping with the provisions of Subsection (1).
p.000077:
p.000077: (3) The right of disposal over an embryo set forth in Subsections (1)-(2) shall include the right to deposit it for
p.000077: possible later use (embryo deposit), or to donate it to other persons for use in a reproduction procedure, or to offer
p.000077: it to research. In the absence of proper provisions, or knowledge of said provisions, it shall be assumed that the
p.000077: intention was to deposit a healthy embryo.
p.000077:
p.000077: (4) Embryos coming from identical persons shall be used in reproduction procedures on a maximum of two other persons.
p.000077:
p.000077: Section 176
p.000077:
p.000077: (1) An embryo can be offered through a written declaration by the persons authorized to decide upon its disposal, which
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
p.000077: (2) When offering and/or rejecting an embryo, the provisions of Subsection (2) of Section 171 shall be applied, as
p.000077: appropriate.
p.000077:
p.000077: (3) Thehealthserviceproviderorresearchfacilityofferedtheembryomayrejecttheembryo offered if it is probable that it will
p.000077: not be able to use it for the purpose specified within the time frame under which it can be used, however, it shall be
p.000077: mandated to safeguard it and store it until use under Subsection (4). An offer of an embryo donation shall be rejected
p.000077: if it is not probable that a healthy child can develop from said embryo.
p.000077:
p.000077: (4) Any body or person gaining possession of an embryo without the authority to do so, or with the authority to do so,
p.000077: but when the offer of the embryo has been rejected in accordance
p.000077:
p.000078: 78
p.000078:
p.000078: with Subsection (3), shall be obliged to transfer the embryo to an authorized health service provider or research
p.000078: facility. A damaged embryo may only be transferred to a research facility. The possessor of the embryo must safeguard
p.000078: an embryo not transferred to another authorized facility, or to destroy a damaged embryo, pursuant to the provisions of
p.000078: Subsection (5).
p.000078:
p.000078: (5) All healthcare providers and research facilities shall accept transfer of a viable embryo from a person or body
p.000078: clearly unauthorized to possess said embryo, and treat disposal of the embryo in keeping with the intent or assumed
p.000078: intent of the parties authorized to decide upon its disposal in keeping with Subsection
p.000078: (3) of Section 175.
p.000078:
p.000078: Section 177
p.000078:
p.000078: (1) Personalandspecialdatalearnedbythehealthcareproviderortheresearchfacilitythatis related to donations of embryos or
p.000078: donations for purposes of research shall be treated in accordance with data management for the donation of reproductive
p.000078: cells contained in this Act, with the constraint that in embryo donation procedures, only the data set forth under
p.000078: Subsection (1) of Section 176 shall be managed.
p.000078:
p.000078: (2) In procedures involving embryo donations, management of data related to embryos and to the donation of reproductive
p.000078: cells learned in an authorized manner by healthcare providers and which is connected to personal and special data that
p.000078: can be managed in at least one of the procedures shall not be considered unauthorized management.
p.000078:
p.000078: Section 178
p.000078:
p.000078: (1) Release of embryos that have been donated or offered for research, storage of embryos by health service providers,
p.000078: and deposits of embryos shall be governed by the provisions of Subsections (1), and (4)
p.000078: -(5) of Section 173 and by Subsections (1) - (3), and (5) of Section 174 with the difference set forth in Subsections
p.000078: (2) - (3).
p.000078:
p.000078: (2) Anembryoshallbedepositeduponmeasurestakenbytheperson(s)authorizedtodecide upon its disposal, or on the basis of the
p.000078: assumed intention of that person (those persons) as set forth by this Act. Stipulation of the medical ground or other
p.000078: cause for depositing the embryo shall not be necessary.
p.000078:
p.000078: (3) An embryo that has been deposited shall be released only on the basis of a written declaration expressing the
p.000078: agreement of both parties with the right to decide on disposal, except in the case of the death of one party, or a
p.000078: renunciation of said rights.
p.000078:
p.000078: (4) An embryo shall be released to a single woman with the right to decide upon disposal following the death of her
p.000078: spouse (common-law spouse) for purposes of implanting, in the absence of a declaration precluding this as set forth in
p.000078: Subsection (2) of Section 167. If such a declaration of preclusion exists, the declaration of the person authorized to
p.000078: decide on disposal of the deposited embryo shall have precedence; in lieu of such a declaration the stipulations set
p.000078: forth for embryo donation shall be properly applied, and in doing so the healthcare provider at which the embryo was
p.000078: deposited shall be considered the healthcare provider making the donation.
p.000078:
p.000078: (5) An embryo offered for donation shall be stored for a maximum of 5 years, which can be extended for one additional 5
p.000078: year period. The maximum length of time during which a deposited embryo shall be stored is 10 years. An embryo that
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
p.000079: (5) During reproductive procedures or other healthcare services, or during medical research, an embryo shall not be
p.000079: turned into multiple embryos or, with the exception of the provisions of Subsection (1) - (2) of Section 182, shall not
p.000079: be manipulated by changing its characteristics from those existing at the time of conception or by introducing new
p.000079: characteristics when the embryo is intended for viability; multiple individuals that conform to one another genetically
p.000079: shall not be brought about.
p.000079:
p.000079: Section 181
p.000079:
p.000079: (1) An embryo on which research has been conducted must not be implanted into the human body, and reproductive cells
p.000079: that have been used for research must not be used in
p.000079:
p.000080: 80
p.000080:
p.000080: reproductive procedures. An embryo used for research shall be kept viable for a maximum of 14 days, not counting the
p.000080: time it was frozen for storage, even considering the duration of the research.
p.000080:
p.000080: (2) Examinations for purposes of diagnostics or therapy, or to determine the suitability of an embryo for replanting or
p.000080: implanting, shall not qualify as embryo research for purposes of applying this Act.
p.000080:
p.000080: Section 182
p.000080:
p.000080: (1) Procedures to select the gender of progeny prior to birth may be conducted to identify heritable diseases linked to
p.000080: gender or to prevent the occurrence of said diseases.
p.000080:
p.000080: (2) Various genetic specifics of an embryo may be altered, as opposed to the provisions of Subsection (1), to prevent
p.000080: or treat diseases expected to occur in the child that will be born, to the extent and in the manner considered
p.000080: absolutely necessary to achieve the purpose.
p.000080:
p.000080: (3) Separation of the cells in an embryo only shall be done to diagnose diseases considered probable to occur in the
p.000080: child once born, and to determine damage to an embryo.
p.000080:
p.000080: (4) The married couple (common-law couple) bringing about the embryo shall give awritten statement of consent, after
p.000080: receiving proper information, prior to completing the procedures set forth in Subsections (1)
p.000080: - (3), which shall be executed by a healthcare provider authorized to conduct reproduction procedures. Sections
p.000080: 183-18445
p.000080: Reducing the Number of Embryos or Fetuses in Multiple Pregnancies
p.000080:
p.000080: Section 185
p.000080:
p.000080: (1) When a multiple pregnancy exists, intrauterine intervention may be conducted when it is considered medically
p.000080: probable that certain embryos (fetuses) have development disorders rendering them non-viable or, while viable, have
p.000080: suffered damage resulting in serious and untreatable disabilities, to reduce the embryos (fetuses) carried to term to
p.000080: the healthy ones.
p.000080:
p.000080: (2) In order to carry the pregnancy to term, to bring healthy children into the world, or to ensure a safe pregnancy
p.000080: that does not endanger the life and well-being of the embryos (fetuses) or the mother, the number of embryos (fetuses)
p.000080: in a multiple pregnancy can be reduced even when all embryos (fetuses) are healthy.
p.000080:
p.000080: (3) In the case set forth under Subsection (1), on recommendation of the responsible genetic counselor, the number of
...
Social / parents
Searching for indicator parent:
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p.000078: forth for embryo donation shall be properly applied, and in doing so the healthcare provider at which the embryo was
p.000078: deposited shall be considered the healthcare provider making the donation.
p.000078:
p.000078: (5) An embryo offered for donation shall be stored for a maximum of 5 years, which can be extended for one additional 5
p.000078: year period. The maximum length of time during which a deposited embryo shall be stored is 10 years. An embryo that
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
...
Searching for indicator parents:
(return to top)
p.000078: remains unused shall not be destroyed before expiration of the duration of the permitted storage period, unless it is
p.000078: probable that it is damaged. After expiration of the permitted storage period, the healthcare provider shall destroy
p.000078: the embryo or may use it for scientific research, precluding the
p.000078:
p.000079: 79
p.000079:
p.000079: possibility that it may be used for reproductive purposes, or may transfer it to a research institute authorized to use
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
...
Social / philosophical differences/differences of opinion
Searching for indicator difference of opinion:
(return to top)
Searching for indicator opinion:
(return to top)
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
p.000070: yet become fully known or completely investigated.
p.000070:
p.000070: Section 158
p.000070:
p.000070: (1) Research may be conducted within the framework set forth in this Act, with the differences as set forth under
p.000070: separate statute with regard to clinical research on pharmaceuticals.
p.000070:
p.000070: (2) The professional conditions and detailed rules for research shall be set forth by the Minister of Health, who shall
p.000070: consider the opinion of the MRC.
p.000070:
p.000070: 38 Established by Section 13, Act LXXI of 1999. In force as of 1 July 1999 39 Inserted by Section 13, Act LXXI of 1999.
p.000070: In force as of 1 July 1999
p.000070: 40 Numbering amended by Section 13, Act LXXI of 1999.
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: e)
p.000070: provided written consent to the research.
p.000070:
p.000070: 70
p.000070:
p.000070: Section 159
p.000070:
p.000070: (1) Research on persons with full disposing capacities shall be conducted exclusively for proposes of perfecting
p.000070: diagnostic, therapeutic, preventive, and rehabilitation procedures, of elaborating new procedures, and of gaining a
p.000070: better understanding of the etiology and pathogenesis of disease, and shall be conducted by a healthcare services
p.000070: provider with the appropriate professional conditions to meet the requirements of the nature and risks of the research,
p.000070: but only if all of the following conditions are met:
p.000070:
p.000070: a)
p.000070:
p.000070: b)
p.000070:
p.000070: c)
p.000070:
p.000070: d) of
p.000070:
p.000070: the research plan has been approved for implementation;
p.000070:
p.000070: preliminary investigations have certified the effectiveness and safety of the research; there is no other procedure
p.000070: similar in effectiveness to research involving human subjects;
p.000070: the risks of conducting the research on a person are proportionate to the expected benefit the research, or to the
p.000070: significance of the research goal;
p.000070:
p.000070: the research subject, after being fully informed in accordance with Subsection (3), has
...
p.000070: following conditions are met:
p.000070:
p.000070: 1. a) the conditions set forth under Paragraphs a) - d) of Subsection (1) are met;
p.000070: 2. b) the results of the research can have an immediate beneficial effect on the health of the research subject;
p.000070: c) the research cannot be conducted effectively on a person who possesses full decision- making capacities;
p.000070:
p.000070: d) the person set forth in Subsections (1) - (2) of Section 16 has consented to the research, in keeping with the
p.000070: provisions of Subsection (5) of Section 16.
p.000070:
p.000070: (5) Under exceptional circumstances, the condition set forth under Paragraph b) of Subsection (4) may be waived if all
p.000070: of the following conditions are met:
p.000070:
p.000070: a) the objective of the research is to enhance scientific knowledge related to the condition or disease of the research
p.000070: subject in a manner that is useful to said research subject or to other
p.000070:
p.000071: 71
p.000071:
p.000071: persons who are similar in age and suffering the same disease, or who demonstrate similar characteristics and are in a
p.000071: similar state of health;
p.000071:
p.000071: b) the risk of the research on the subject does not significantly exceed minimum, and the strain is mild;
p.000071:
p.000071: c) the Minister of Health has granted permission for the research after hearing the opinion of the MRC.
p.000071:
p.000071: (6) The research plan shall be approved for implementation by the executive of the healthcare institution, or in the
p.000071: case of another health service provider, by the executive of the regionally responsible Budapest or county inpatient
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
p.000071: (1)-(2) of Section 182, shall be conducted only when the objective is not to alter the genetic complement of progeny or
p.000071: to bring about a new individual.
p.000071:
p.000072: 72
p.000072:
p.000072: Section 163
p.000072:
p.000072: In the course of research, the interests of the individual shall always have priority over the interests of science and
p.000072: society; therefore, the risk to the research subject shall be restricted to the lowest level possible.
p.000072:
p.000072: Section 164
p.000072:
p.000072: (1) In the event a research subject participating in research conducted in accordance with professional rules and the
p.000072: approved research plan suffers injuries or dies during the research, the state shall provide compensation to the
p.000072: subject or to his dependants.
p.000072:
p.000072: (2)41Prior to beginning the research, the institution conducting the research shall have contracted for liability
p.000072: insurance specific to the research, in an amount corresponding to the risks involved.
p.000072:
p.000072:
p.000072:
p.000072: Chapter IX
p.000072:
p.000072: SPECIAL PROCEDURES TARGETED AT HUMAN REPRODUCTION, RESEARCH CONDUCTED USING EMBRYOS AND REPRODUCTIVE CELLS,
p.000072: STERILIZATION PROCEDURES
p.000072:
p.000072: Section 165
p.000072:
p.000072: For the purposes of this chapter
p.000072:
...
p.000076: procedures on the written request of the depositor. On the written
p.000076:
p.000077: 77
p.000077:
p.000077: request of the depositor, the reproductive cells shall be destroyed before expiration of the storage time limit.
p.000077:
p.000077: (4) Inthecourseofstoringreproductivecells,cellsfromdifferentdonors,cellsfromoneand the same donor harvested at
p.000077: different times, cells donated for different purposes, and various samples of cells provided for deposit, shall not be
p.000077: mixed.
p.000077:
p.000077: (5) Continuousrecordsshallbekeptonreproductivecellsstored,andontheissuance,useor destruction of said cells. To maintain
p.000077: these records, the reproductive cells shall be stored in a manner enabling identification of the donor, or when stored
p.000077: for purposes of research, in a manner that does not enable identification of the donor, and each storage unit shall be
p.000077: affixed with an identification code.
p.000077:
p.000077: Embryo Donations and Deposits Section 175
p.000077:
p.000077: (1) The married (common-law) couple shall jointly exercise the right of disposal over an embryo brought about in vitro
p.000077: for reproductive purposes until the death of one of the partners, irrespectively of any subsequent change in the
p.000077: spousal (common-law spousal) relationship, but either of the parties shall have the right to renounce the right of
p.000077: disposal in an official document or a private document with full evidentiary authority. When there is a difference of
p.000077: opinion, the rules of embryo deposit shall be appropriately applied.
p.000077:
p.000077: (2) The married (common-law) couple participating in a reproduction procedure involving their own reproductive cells
p.000077: shall be jointly entitled to the right of disposal of an in vitro embryo brought about through reproductive cell
p.000077: donation, also in keeping with the provisions of Subsection (1).
p.000077:
p.000077: (3) The right of disposal over an embryo set forth in Subsections (1)-(2) shall include the right to deposit it for
p.000077: possible later use (embryo deposit), or to donate it to other persons for use in a reproduction procedure, or to offer
p.000077: it to research. In the absence of proper provisions, or knowledge of said provisions, it shall be assumed that the
p.000077: intention was to deposit a healthy embryo.
p.000077:
p.000077: (4) Embryos coming from identical persons shall be used in reproduction procedures on a maximum of two other persons.
p.000077:
p.000077: Section 176
p.000077:
p.000077: (1) An embryo can be offered through a written declaration by the persons authorized to decide upon its disposal, which
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
...
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
...
Economic / Economic/Poverty
Searching for indicator income:
(return to top)
p.000074: consent from the applicant has been received.
p.000074:
p.000074: (5) Only a person in full possession of his disposing capacity shall be entitled to make the legal declarations set
p.000074: forth in Subsections (1) and (4).
p.000074:
p.000074: Section 169
p.000074:
p.000074: (1) A Minister of Health Decree shall set forth the professional conditions for the operation of healthcare providers
p.000074: authorized to conduct reproduction procedures, the set of health indications serving as the basis for the various
p.000074: interventions, and the detailed professional rules for performing the healthcare interventions.
p.000074:
p.000074: (2) Operation license to perform reproduction procedures shall be awarded only to health service providers which can
p.000074: simultaneously meet the professional requirements set forth under separate statute for the frozen storage of
p.000074: reproductive cells and embryos.
p.000074:
p.000074: Donating and Depositing Reproductive Cells Section 170
p.000074:
p.000074: (1) Reproductive cells may be donated for use in reproduction procedures or for medical research, and shall be used
p.000074: only for the purpose specified by the donor.
p.000074:
p.000074: (2) When conducting a reproductive procedure, the reproductive cells used shall all come from the same donor.
p.000074:
p.000074: (3) Remuneration for donating reproductive cells shall not be requested or provided. Donation-related necessary and
p.000074: certified costs of a donor, including loss of income, shall be reimbursed, within the sphere and under the conditions
p.000074: set forth by Minister of Health Decree.
p.000074:
p.000074: Section 171
p.000074:
p.000074: (1) Reproductive cells may be donated by any person in full possession of his disposing capacity, when cells are
p.000074: donated for a reproductive procedure, by persons under the age of 35 years, who meets the conditions set forth under
p.000074: separate statute.
p.000074:
p.000074: (2) Reproductive cells for reproduction procedures or for reproductive cell research can be donated directly to
p.000074: healthcare providers and/or research facilities authorized to conduct reproduction procedures or reproductive cell
p.000074: research. Natural persons, legal entities, or unincorporated organizations that are not authorized to conduct
p.000074: reproduction procedures or
p.000074:
p.000075: 75
p.000075:
p.000075: research shall not accept human reproductive cells or materials containing said cells as donations, and cannot claim
p.000075: ownership to same.
p.000075:
p.000075: (3) The donation set forth under Subsection (2) shall occur by providing a written declaration of donation to the
p.000075: health service provider or research facility authorized to accept reproductive cells and by appearing in person at the
p.000075: institution for harvesting the substance containing the reproductive cells. When donating the cells for a reproduction
p.000075: procedure, the donor’s declaration shall contain the name of the donor (family and given name, maiden name), mother’s
...
Searching for indicator economic:
(return to top)
p.000070: Act CLIV of 1997 on Health
p.000070: Parliament,
p.000070: − inspired by its responsibility for the population’s health status,
p.000070: − guided by the conviction that the interest of the individual in his health and well-being must take priority, and
p.000070: that the achievements of the development of medical science should be utilized to ensure positive benefit for present
p.000070: and future generations;
p.000070: − being aware that health as a prerequisite for the individual's quality of life and self- realization has a major
p.000070: impact upon the family, work and, as a result, the entire nation;
p.000070: − in consideration of the fact that the system of means and resources available to health services cannot serve the
p.000070: promotion, maintenance and restoration of health unless completed by a social welfare system, the protection of the
p.000070: natural and man-made environment, together with the social and economic environment, as well as by health promoting
p.000070: public policies and practices;
p.000070: − with regard to recent scientific, technical, ethical, and social changes as well as to amendments and changes
p.000070: affecting the legal system, furthermore to our international obligations,
p.000070: hereby creates the following Act setting out the complex system of conditions for the promotion and improvement of
p.000070: health.
p.000070:
p.000070: Chapter VIII
p.000070:
p.000070: BIOMEDICAL RESEARCH INVOLVING HUMAN SUBJECTS
p.000070:
p.000070: Section 157
p.000070:
p.000070: The objective of biomedical research involving human subjects (hereinafter: research) is to improve detection of the
p.000070: causes and origins of diseases and to facilitate treatment, prevention, and rehabilitation, and shall include
p.000070: interventions and modes of observation that deviate from the ones applied in usual healthcare services, or ones that
p.000070: apply factors (active ingredients, materials, implements, procedures, methods, circumstances, conditions) that have not
p.000070: yet become fully known or completely investigated.
p.000070:
p.000070: Section 158
p.000070:
p.000070: (1) Research may be conducted within the framework set forth in this Act, with the differences as set forth under
p.000070: separate statute with regard to clinical research on pharmaceuticals.
p.000070:
p.000070: (2) The professional conditions and detailed rules for research shall be set forth by the Minister of Health, who shall
p.000070: consider the opinion of the MRC.
p.000070:
...
General/Other / Dependent
Searching for indicator dependent:
(return to top)
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
p.000071: if they should consent to same. A person restricted in liberty but in possession of full disposing capacities may only,
p.000071: under this Act, be used as a subject for research if said research is of immediate and significant benefit to the
p.000071: person’s own health or to the health of an immediate family member or to that of a person in a similar situation, and
p.000071: if similar research results cannot be expected if conducting said research with persons who are not restricted in
p.000071: liberty as set forth in this Act.
p.000071:
p.000071: (4) The Minister of Health, who shall consider the opinion of the MRC, shall grant permission to conduct research set
p.000071: forth under Subsections (1) - (3) .
p.000071:
p.000071: Section 162
p.000071:
p.000071: Research or interventions aimed at or resulting in modifications in the human genome shall be conducted only for
p.000071: preventive, diagnostic or therapeutic purposes and, with the exception of the provisions set forth under Subsections
...
General/Other / Manipulable
Searching for indicator manipulated:
(return to top)
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
p.000079: (5) During reproductive procedures or other healthcare services, or during medical research, an embryo shall not be
p.000079: turned into multiple embryos or, with the exception of the provisions of Subsection (1) - (2) of Section 182, shall not
p.000079: be manipulated by changing its characteristics from those existing at the time of conception or by introducing new
p.000079: characteristics when the embryo is intended for viability; multiple individuals that conform to one another genetically
p.000079: shall not be brought about.
p.000079:
p.000079: Section 181
p.000079:
p.000079: (1) An embryo on which research has been conducted must not be implanted into the human body, and reproductive cells
p.000079: that have been used for research must not be used in
p.000079:
p.000080: 80
p.000080:
p.000080: reproductive procedures. An embryo used for research shall be kept viable for a maximum of 14 days, not counting the
p.000080: time it was frozen for storage, even considering the duration of the research.
p.000080:
p.000080: (2) Examinations for purposes of diagnostics or therapy, or to determine the suitability of an embryo for replanting or
p.000080: implanting, shall not qualify as embryo research for purposes of applying this Act.
p.000080:
p.000080: Section 182
p.000080:
p.000080: (1) Procedures to select the gender of progeny prior to birth may be conducted to identify heritable diseases linked to
p.000080: gender or to prevent the occurrence of said diseases.
p.000080:
p.000080: (2) Various genetic specifics of an embryo may be altered, as opposed to the provisions of Subsection (1), to prevent
p.000080: or treat diseases expected to occur in the child that will be born, to the extent and in the manner considered
p.000080: absolutely necessary to achieve the purpose.
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000070:
p.000071: 71
p.000071:
p.000071: persons who are similar in age and suffering the same disease, or who demonstrate similar characteristics and are in a
p.000071: similar state of health;
p.000071:
p.000071: b) the risk of the research on the subject does not significantly exceed minimum, and the strain is mild;
p.000071:
p.000071: c) the Minister of Health has granted permission for the research after hearing the opinion of the MRC.
p.000071:
p.000071: (6) The research plan shall be approved for implementation by the executive of the healthcare institution, or in the
p.000071: case of another health service provider, by the executive of the regionally responsible Budapest or county inpatient
p.000071: institution, after receipt of the opinion of an independent professional and ethics committee made up of specialists in
p.000071: medicine, law, theology, ethics, and psychology, as defined in the Minister of Health Decree, in keeping with said
p.000071: opinion. If the committee rejects the proposal, the executive of the healthcare institution may submit a request to the
p.000071: MRC to revisit the opinion.
p.000071:
p.000071: Section 160
p.000071:
p.000071: In the case of an emergency, if the consent of the research subject or the person set forth in Subsections
p.000071: (1) - (2) of Section 16 cannot be obtained, exclusively an emergency experimental treatment expected to directly
p.000071: benefit the health of the research subject may be applied, if the research treatment can be applied within the
p.000071: framework of a research plan that has been granted previous approval.
p.000071:
p.000071: Section 161
p.000071:
p.000071: (1) An expectant or breast-feeding woman only may be used as a research subject if the research is expected to be of
p.000071: direct benefit to her or her child, or to the health of women and children in a similar phase of life, and if there is
p.000071: no procedure that would make it possible to conduct research with a similar outcome on women who are not expectant or
p.000071: breast-feeding.
p.000071:
p.000071: (2) Noresearchshallbeconductedonpersonsorgroupsofpersonswhoarenotinaposition to freely consent to said research,
p.000071: because of considerations that put said persons in a state of financial or moral dependence on factors connected to the
p.000071: research or researchers, or if they are dependent on them for services.
p.000071:
p.000071: (3) Research shall not be conducted on any person restricted in liberty or performing mandatory military service, even
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000076:
p.000076: (3) Reproductive cells that have been deposited may be provided to health service providers conducting reproduction
p.000076: procedures on the written request of the depositor. On the written
p.000076:
p.000077: 77
p.000077:
p.000077: request of the depositor, the reproductive cells shall be destroyed before expiration of the storage time limit.
p.000077:
p.000077: (4) Inthecourseofstoringreproductivecells,cellsfromdifferentdonors,cellsfromoneand the same donor harvested at
p.000077: different times, cells donated for different purposes, and various samples of cells provided for deposit, shall not be
p.000077: mixed.
p.000077:
p.000077: (5) Continuousrecordsshallbekeptonreproductivecellsstored,andontheissuance,useor destruction of said cells. To maintain
p.000077: these records, the reproductive cells shall be stored in a manner enabling identification of the donor, or when stored
p.000077: for purposes of research, in a manner that does not enable identification of the donor, and each storage unit shall be
p.000077: affixed with an identification code.
p.000077:
p.000077: Embryo Donations and Deposits Section 175
p.000077:
p.000077: (1) The married (common-law) couple shall jointly exercise the right of disposal over an embryo brought about in vitro
p.000077: for reproductive purposes until the death of one of the partners, irrespectively of any subsequent change in the
p.000077: spousal (common-law spousal) relationship, but either of the parties shall have the right to renounce the right of
p.000077: disposal in an official document or a private document with full evidentiary authority. When there is a difference of
p.000077: opinion, the rules of embryo deposit shall be appropriately applied.
p.000077:
p.000077: (2) The married (common-law) couple participating in a reproduction procedure involving their own reproductive cells
p.000077: shall be jointly entitled to the right of disposal of an in vitro embryo brought about through reproductive cell
p.000077: donation, also in keeping with the provisions of Subsection (1).
p.000077:
p.000077: (3) The right of disposal over an embryo set forth in Subsections (1)-(2) shall include the right to deposit it for
p.000077: possible later use (embryo deposit), or to donate it to other persons for use in a reproduction procedure, or to offer
p.000077: it to research. In the absence of proper provisions, or knowledge of said provisions, it shall be assumed that the
p.000077: intention was to deposit a healthy embryo.
p.000077:
p.000077: (4) Embryos coming from identical persons shall be used in reproduction procedures on a maximum of two other persons.
p.000077:
p.000077: Section 176
p.000077:
p.000077: (1) An embryo can be offered through a written declaration by the persons authorized to decide upon its disposal, which
p.000077: shall include the objective of the offer and, when offered as an embryo donation, the ages and physical characteristics
p.000077: of the persons contributing to the embryo, and any illnesses known to the persons making the declaration.
p.000077:
p.000077: (2) When offering and/or rejecting an embryo, the provisions of Subsection (2) of Section 171 shall be applied, as
p.000077: appropriate.
p.000077:
p.000077: (3) Thehealthserviceproviderorresearchfacilityofferedtheembryomayrejecttheembryo offered if it is probable that it will
p.000077: not be able to use it for the purpose specified within the time frame under which it can be used, however, it shall be
p.000077: mandated to safeguard it and store it until use under Subsection (4). An offer of an embryo donation shall be rejected
p.000077: if it is not probable that a healthy child can develop from said embryo.
p.000077:
p.000077: (4) Any body or person gaining possession of an embryo without the authority to do so, or with the authority to do so,
p.000077: but when the offer of the embryo has been rejected in accordance
p.000077:
p.000078: 78
p.000078:
p.000078: with Subsection (3), shall be obliged to transfer the embryo to an authorized health service provider or research
p.000078: facility. A damaged embryo may only be transferred to a research facility. The possessor of the embryo must safeguard
p.000078: an embryo not transferred to another authorized facility, or to destroy a damaged embryo, pursuant to the provisions of
p.000078: Subsection (5).
p.000078:
p.000078: (5) All healthcare providers and research facilities shall accept transfer of a viable embryo from a person or body
p.000078: clearly unauthorized to possess said embryo, and treat disposal of the embryo in keeping with the intent or assumed
p.000078: intent of the parties authorized to decide upon its disposal in keeping with Subsection
p.000078: (3) of Section 175.
p.000078:
p.000078: Section 177
p.000078:
p.000078: (1) Personalandspecialdatalearnedbythehealthcareproviderortheresearchfacilitythatis related to donations of embryos or
p.000078: donations for purposes of research shall be treated in accordance with data management for the donation of reproductive
...
p.000079: it for such purposes.
p.000079:
p.000079: Section 179
p.000079:
p.000079: (1) It shall be the right of a child conceived and born as the result of donated reproductive cells and/or embryos to
p.000079: learn of the circumstances of his conception and birth upon reaching his majority, which shall include making available
p.000079: the data set forth in Subsections (2) - (3) of Section 172.
p.000079:
p.000079: (2) The birth parent of the child, or immediately prior to the attainment of his majority, the legal guardian of the
p.000079: child shall be authorized to provide the information set forth in Subsection (1).
p.000079:
p.000079: (3) When a child is conceived and born in accordance with Subsection (1) the persons requesting use of the reproductive
p.000079: cell or the reproduction procedure involving implantation of the embryo shall be considered the birth parents. An
p.000079: embryo conceived through in vitro fertilization shall be legally considered a viable fetus from the date of
p.000079: implantation.
p.000079:
p.000079: (4) In the course of a procedure to determine the legal status of a child within the family, on request of an authority
p.000079: conducting proceedings, or of either of the members of the married couple (common-law couple) participating in the
p.000079: reproduction procedure, the healthcare provider performing the intervention shall certify to the fact of conducting the
p.000079: reproduction procedure and to its result.
p.000079:
p.000079: Research, Investigations, and Interventions
p.000079: that May Be Conducted with Embryos and Reproductive Cells Section 180
p.000079: (1) Research with embryos or reproductive cells may be conducted on the basis of a permit issued by the Human
p.000079: Reproduction Committee as set forth in Section 186, in keeping with the order of documentation set forth in the permit
p.000079: and in accordance with the research plan approved simultaneously, by a healthcare provider or other research facility
p.000079: that has the professional conditions available to meet the objectives of the research.
p.000079:
p.000079: (2) Embryos and reproductive cells shall be used for research, only for the research objectives set forth in Subsection
p.000079: (1) of Section 159.
p.000079:
p.000079: (3) Embryos shall not be brought into existence for research purposes; research shall be conducted only on embryos
p.000079: brought about for reproductive purposes when this is authorized by the persons authorized to decide upon its disposal,
p.000079: or when the embryo is damaged.
p.000079:
p.000079: (4) Human embryos shall not be implanted into the body of an animal, and human and animal reproductive cells shall not
p.000079: be used to fertilize one another.
p.000079:
p.000079: (5) During reproductive procedures or other healthcare services, or during medical research, an embryo shall not be
...
p.000080: The provisions of this Act do not effect the
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080:
p.000080: 45 Repealed together with the subtitle preceding Section 183, by Subsection (1), Section 32 of CXIX of 1999
p.000080:
p.000081: 81
p.000081:
p.000081: opportunity to reduce the number of fetuses for other reasons set forth by the Fetal Protection Act as cause for
p.000081: premature termination of a pregnancy (abortion).
p.000081:
p.000081: The Human Reproduction Committee Section 186
p.000081:
p.000081: (1) The MRC’s Human Reproduction Committee (hereinafter: Committee) shall operate as the Minister of Health’s advisory,
p.000081: decision-making and supervisory body in the area of reproduction procedures and medical research conducted with
p.000081: embryos.
p.000081:
p.000081: 2. (2) TheCommitteeshallconductthetaskssetforthinthisActandbyseparatestatute.
p.000081: 3. (3) Inparticular,thetasksofthecommitteeshallbeto
p.000081:
p.000081: a) provide preliminary opinions on granting operation licenses to healthcare providers to conduct reproduction
p.000081: procedures and/or so store reproductive cells (embryos) in frozen form, to continuously monitor operations, and when
p.000081: necessary to make recommendations on specific measures to be taken by the health service providers, the bodies
p.000081: maintaining them, and by the health authority responsible for professional supervision;
p.000081:
p.000081: b) grant permits for medical research with embryos and/or reproductive cells, based on the research plan documentation
p.000081: presented to it;
p.000081:
p.000081: c) render opinions of statutes and professional rules affecting reproduction processes, and to propose the
p.000081: establishment or amendment of statutes;
p.000081:
p.000081: d) continuously evaluate domestic and international practices related to reproduction procedures, and to research with
p.000081: embryos.
p.000081:
p.000081: (4) InconductingthetaskssetforthunderParagrapha)ofSubsection(3),anymemberofthe Committee shall be authorized to enter
p.000081: the premises of a healthcare provider being monitored, to access documentation on the various interventions, and to
p.000081: request additional information on the activity being studied.
p.000081:
p.000081: (5) One portion of the Committee members shall be appointed by the Minister of Health from among board-certified
p.000081: obstetricians/gynecologists with satisfactory experience in the profession, and from among persons with legal
p.000081: qualifications, while the other portion shall be delegated directly by social organizations and scientific bodies
p.000081: affected by the conduction of reproduction procedures.
p.000081:
p.000081: (6) The detailed rules governing the tasks, operation, and composition of the Committee shall be regulated by a
p.000081: Minister of Health Decree.
p.000081:
p.000081: Sterilization Section 187
p.000081:
p.000081: (1) Sterilization, which shall render either gender incapable of reproduction may be performed for purposes of family
p.000081: planning, or for medical reasons, based on a written application from the woman or man affected, on a satisfactory
p.000081: specialist medical opinion, or on recommendation of the latter.
p.000081:
p.000081: (2) Sterilization for purposes of family planning may be performed on a person over the age of 35 years, or a person
p.000081: who has three birth children of his own. To validate an application by the persons set forth in Subsections (1)-(2) of
p.000081: Section 16, the agreement of the public guardianship authority is necessary.
p.000081:
p.000082: 82
p.000082:
p.000082: (3) Sterilization for purposes of family planning shall be performed only on Hungarian citizens with an address or
p.000082: place of residence in Hungary.
p.000082:
p.000082: (4)46 Sterilization may be performed only after three months have elapsed after the date on which the application was
p.000082: submitted, except when
p.000082:
p.000082: a) a delivery or other surgical event makes it possible to complete the intervention as a priority case, or
p.000082:
p.000082: b) a pregnancy that might occur in the interim would directly endanger the life, physical well-being or the health of
p.000082: the woman, or when it is highly probable that a child born of the pregnancy would not be healthy.
p.000082:
p.000082: (5)47 Prior to beginning the intervention, a physician appointed by the healthcare provider that will conduct the
p.000082: intervention shall provide information to the applicant, and if married or living in a common law marriage, to the
p.000082: spouse or common-law spouse as well, on other opportunities for contraception, as well as on the nature of the
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| authority | Relationship to Authority |
| child | Child |
| children | Child |
| conviction | Religion |
| dependence | Drug Dependence |
| dependent | Dependent |
| difference of opinion | philosophical differences/differences of opinion |
| drug | Drug Usage |
| economic | Economic/Poverty |
| embryo | embryo |
| emergency | Public Emergency |
| family | Motherhood/Family |
| fetus | Fetus/Neonate |
| fetuses | Fetus/Neonate |
| health | Health |
| impaired | Cognitive Impairment |
| incapable | Mentally Incapacitated |
| income | Economic/Poverty |
| liberty | Incarcerated |
| manipulated | Manipulable |
| married | Marital Status |
| military | Soldier |
| nation | stateless persons |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| parents | parents |
| party | Political |
| restricted | Incarcerated |
| single | Marital Status |
| social | Social |
| social welfare | Access to Social Goods |
| substance | Drug Usage |
| women | Women |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| access | ['socialXwelfare'] |
| child | ['children'] |
| children | ['child'] |
| difference of opinion | ['opinion'] |
| drug | ['substance'] |
| economic | ['income'] |
| fetus | ['fetuses'] |
| fetuses | ['fetus'] |
| income | ['economic'] |
| liberty | ['restricted'] |
| married | ['single'] |
| opinion | ['differenceXofXopinion'] |
| parent | ['parents'] |
| parents | ['parent'] |
| restricted | ['liberty'] |
| single | ['married'] |
| social welfare | ['access'] |
| substance | ['drug'] |
Trigger Words
capacity
consent
ethics
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input