Federal Court of Justice: Judgment on genetic tests on embryos.
(07.07.2010) The Leipzig Fifth Senate of the Federal Court of Justice (BGH) decided on Tuesday that the so-called pre-implantation diagnosis (PGD) does not violate the Embryo Protection Act, since it does not result in the “improper use of reproductive technology”. The ruling made it necessary for a Berlin gynecologist to voluntarily report at the beginning of 2006.
Based on this judgment of the BGH, doctors can now examine fertilized egg cells from parents with a predisposition to massive gene abnormalities in the test tube for serious hereditary diseases and, if necessary, reject them. A selection based on gender, hair color or eye color remains excluded.
The BGH thus confirmed the judgment of the Berlin district court, which acquitted a 47-year-old Berlin gynecologist who had reported himself in 2006. In the period from 2005 to 2006, he had three embryos that were also affected die in parents with genetic problems. His voluntary disclosure should bring about the fundamental judgment. The Catholic Church and Hubert Hüppe, the person in charge of matters for people with disabilities, criticized the decision and described it as questionable because it (by analogy) opens a door in the direction of the selection and sorting out of human life. (tf)