Legal protections for in vitro embryos in Paraguay and comparative contexts.

Abstract

The legal protection of in vitro embryos in Paraguay remains unresolved because no specific legislation regulates assisted reproductive technologies. This study analysed Paraguay's constitutional framework, Civil Code, judicial rulings, and international treaties through doctrinal legal analysis, complemented by a comparative review of international regulations and jurisprudence. Findings show that the Paraguayan doctrine and courts consider conception to occur at fertilisation, while the Inter-American Court of Human Rights associates conception with implantation. This difference generates tension between domestic law and international treaty obligations. A comparative analysis with the United Kingdom, Spain, Argentina, and Italy revealed diverse regulatory models and highlighted significant gaps in Paraguayan law concerning embryo storage, research, donation, consent, and dispute resolution. This work provides a comprehensive review of the challenges that Paraguay faces in developing a regulatory framework that balances respect for constitutional principles, alignment with international obligations, and nuanced ethical considerations of human embryos and reproductive rights.