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Chapter Law Content

Title: Assisted Reproduction Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Implementation of Assisted Reproduction
Article 11
A medical care institution shall not perform assisted reproduction for a married couple unless all the conditions in the following subparagraphs are satisfied:
1. The results of testing and assessment implemented in accordance with Article 7 confirm suitability to receive assisted reproduction.
2. The husband or wife of the married couple has been diagnosed as suffering from infertility, or has been diagnosed as suffering from a major hereditary disease designated by the competent authority, and it is suspected that natural conception and birth will cause abnormal children.
3. At least one member of the married couple possesses healthy reproductive cells, and that person has no need accepting donated sperm or oocytes.
Where the condition prescribed in Subparagraph 2 of the proceeding paragraph is not met but the married couple has a legitimate medical reason, they may receive assisted reproduction after reporting to and obtaining approval from the competent authority.
Article 12
A medical care institution must explain the necessity of assisted reproduction, the implementation technique, the success rate, any possible complications or hazards, and possible alternative treatment methods to the recipient couple, and obtain the couple's understanding and written consent of both persons before performing assisted reproduction.
Where the implementation of assisted reproduction involves the recipient couple's acceptance of sperm donated by a third party, the performing medical care institution shall obtain the husband's written; where the procedure involves the acceptance of oocytes donated by a third party, the medical care institution shall not perform assisted reproduction unless and until obtaining the written consent of the wife.
The written consent as prescribed in the proceeding paragraph shall be notarized by a notary public.
Article 13
A medical care institution performing assisted reproduction shall not use a specific donor’s reproductive cells as requested by the recipient couple; a medical care institution shall not use donated reproductive cells for a specific recipient couple as requested by the donor.
Medical care institutions shall provide information concerning the donor's ethnicity, skin color, and blood type for the reference of the recipient couple.
Article 14
A medical care institution performing assisted reproduction shall make the following information recorded:
1. The name, address, national ID card number or passport number, date of birth, height, body weight, blood type, skin color, and hair color of the husband and wife of the recipient couple.
2. The donor's national ID card number or passport number and case history number at the medical care institution.
3. Progress of assisted reproduction performance.
When a medical care institution provides a copy of the medical records as prescribed in the proceeding paragraph at the recipient couple's request, the information prescribed in Subparagraph 2 of the proceeding paragraph shall not be released.
Article 15
Where a donated sperm and oocytes are used for assisted reproduction, sperm and oocytes from the following relatives shall not be united:
1. Direct blood relatives.
2. Direct relatives by marriage.
3. Collateral blood relatives within the fourth degree of kinship.
The competent authority shall make regulations governing applicants for kinship verification, the responsible agency, the verification method, content items, verification procedures, and other binding matters concerning kinship verification as prescribed in the proceeding paragraph in conjunction with the central household registration competent authority.
Article 30 of this Act shall not apply where violation of Paragraph 1 of this article is due to missing or erroneous information derived by following the regulations prescribed by the competent authority as provided in the proceeding paragraph.
Article 16
Any of the circumstances or methods prescribed in following subparagraphs is prohibited while performing assisted reproduction:
1. Using reproductive cells or embryos provided exclusively for research purposes.
2. Creating a human embryo other than by fertilisation.
3. Selection of the embryo's sex. This restriction shall not apply, however, when there is a reason connected with hereditary disease.
4. Mutual donation of sperm and oocytes.
5. Using embryo cultured in vitro for more than seven days.
6. Implantation of more than five embryos at a time.
7. Using of mixed semen.
8. Using of donated reproductive cells imported from outside the country.
Article 17
Where assisted reproduction implemented by a medical care institution constitutes a human subject research as provided in the Medical Care Act, the regulations of the Medical Care Act shall be complied with.
Article 18
After a recipient woman becomes pregnant, the performing medical care institution shall recommend that the woman receive routine pre-birth check-ups and, if needed, recommend that the woman receive a prenatal diagnosis.