The Bioethics and Law Observatory advocates that in certain circumstances sex selection should be permitted for non-therapeutic reasons
This document advocates a modification of current legislation in order to permit satisfying a legitimate but not crucial desire as is the selection of sex for non-medical reasons, in certain circumstances, on condition that it is not used in a discriminatory way and that the means used are proportionate to the purposes. The Declaration, which has been coordinated by Maria Casado, Director of the OBD and by Josep Egozcue, member of the OBD and full professor of cellular biology at the Universitat Autònoma de Barcelona (Autonomous University of Barcelona) , has arisen at a time when the issue of sex selection of offspring calls for informed social debate as certain sectors of society are questioning the present prohibition of this practice. In this regard, the Declaration states that the legal prohibition of sex selection constitutes an obstacle to the free choice of citizens and is ineffective in preventing made-to-measure children. There are no real reasons or risks, not even demographic ones in our setting to justify this prohibition. The document advocates that if the decisions affect specific individuals, then the welfare of these individuals must be taken into consideration, since it is the people themselves who have the right to make decisions regarding the reproductive treatment to follow. Among the reasons that justify sex selection, the OBD considers the main arguments to be the welfare of the future baby and avoidance of possible therapeutic abortion, rather than a mere option of balanced family, although the latter may be the most frequent reason given. The OBD upholds that an appropriate technique for sex selection is the so-called spermatozoid selection, a method that the Declaration describes as simple and innocous and that is currently used for sex selection for diagnostic and medical purposes. In addition, the Declaration considers that embryo selection is a disproportionate means for sex selection, but defends this method when the couple authorizes the use or donation of the embryos of unwanted sex for reproductive purposes. Similarly, in cases in which this technique is used for diagnostic purposes, the scientific criterion underlying sex selection must always ensure successful reproduction. Finally, should there be embryos of both sexes that are equally healthy and viable, the couple should be informed and given the right to decide. The Declaration is the result of a pluridisciplinary debate which has involved specialists in cellular biology and embryology, medicine, nursing, philosophy, demography, anthropology and law together with the collaboration of «Opinió Quiral» of the Fundació Privada Vila Casas. Àrea de Comunicació,Parc Científic de Barcelona,c/Baldiri Reixac, 10-12,08028 Barcelona,Tel. +34 93 403 45 53,Fax. +34 93 402 90 63,
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