The reproductive silk route: transnational mobility of oocytes from Europe to Brazil

Abstract

Assisted human reproduction has been deterritorialised into reproductive connectivity networks capable of adapting to contradictory laws, technological development and the mobility of people, reproductive substances, knowledge and capital. We reflect on the reproductive market and the dynamic capacity of cross-border reproductive care (CBRC), thanks to oocyte vitrification for egg donation, and on the legislative gaps that favour these flows. The purpose of the present study is to show the reproductive flows of oocytes from Europe to Brazil, which seem to have erratic route changes, leaving Spain and passing through other European countries, where they are stored, before arriving in Brazil. We carried out a qualitative study, based on documentary analysis of Brazilian Ministry of Health records on oocyte importation, the EU Coding Platform (System for Tissues and Cells), 10 in-depth interviews with key informants and legislative analysis on reproductive technologies in Spain, Brazil, Slovakia and Italy. This flow of oocytes underscores the flexibility and adaptability of transnational reproductive care.

Keywords:

• Oocytes
• mobilities
• reproductive technologies
• Brazil
• Spain

Notes

Ethics statement

This project was approved by the Human Research Ethics Committee, protocol number 56307922.8.0000.0068.

Notes

1 The term jurisprudences is not equivalent to jurisprudence, which is linked to judicial practice. The CFM is unrelated to the judiciary and, therefore, its decisions cannot be classified as judicial decisions, but are rather based on its own organisational power.

2 According to the 2020 Registry of the Spanish Fertility Society (SEF 2020), 37,782 reproductive cycles were performed in the country with female patients’ own oocytes. Moreover, 201,915 oocytes were obtained from donours. Patient mobility registers 13,588 non-resident in Spain undergoing reproductive treatment. In this regard, part of the donated eggs not used in the fresh process in the country are being cryopreserved and can be used to supply the international market.

3 In Spain, economic compensation for egg donation reaches 1000 to 1200 euros per cycle (https://civio.es/medicamentalia/2022/03/07/egg-sperm-donors-financial-compensationeurope/), compared to 5000, even 50,000 dollars, in California, depending on market demand (https://www.myeggbank.com/for-donors/donor-compensation).

4 Ovulum https://ovulum.com/

5 In 1983 the first baby was born from donated fresh eggs. We had to wait until 2012 to consider using our own frozen or donor eggs with a certain guarantee.

6 Rothmar mentions ‘social freezing’ and Lemke ‘suspended life’ when referring to the fact that cryopreservation affects reproductive times, in such a way that the vital gamete and embryonic processes can be maintained in a liminal state (suspending their vitality) in which biological substances are neither completely alive nor completely dead. When they thaw, they are brought back to life.

7 In assisted reproduction, reproductive rights discourse is also used to prompt legislative changes in one direction. Rothmar Herrmann (2021) has recently advocated for reproductive rights in the case of oocyte vitrification.

8 The ‘primun non nocere’ or ‘above all do no harm’ principle, attributed to Hippocrates. Any use of a medical technique must avoid harm unless a benefit is expected for the patient to whom it is applied.

9 This is a customs agent who guides, helps and solves procedures in foreign trade operations and in everything that can be related to customs policies (in that respect, https://www.intercoex.com/es/agente-aduanas-madrid). It is important to expedite the passage of the containers where the material is transferred, preventing them from remaining in customs for longer than is strictly necessary.

10 The SHIRA platform is available in https://webgate.ec.europa.eu/eucoding/reports/te/activities.xhtml

11 The SEC is an instrument regulated by Directive 2015/565/EU (European Commission 2015a), which did not enter into force definitively until 1 May 2015 after the periods of transposition and extension of the regulations.

12 European Regulation 2016/679 (European Parliament and the Council 2016) qualifies genetic, biometric and health-related data as ‘particularly sensitive’, reinforcing protection and raising penalties for the disclosure of this type of information.

13 Syphilis; Hepatitis B (HBsAg and anti-HBc), Hepatitis C (anti-HCV); HIV 1 and HIV 2; HTLV I and II; Zika virus: detection of antibodies against Zika virus (IgM)).

14 Legge n. 40, of 19 February 2004; Directive of 5 July 2015, of the Italian Ministry of Health; and STC 151/2009 and STC 96/2015.

15 Law 3305/2005 of the Greek Parliament, of 27 January 2005.

16 National Council of the Slovak Republic Act No. 576/2004 on health care, last amendment 374/2018 (amended by laws 350/2005, 282/2006, 662/2007 and 345/2009); and Slovak Government Decree Law No. 20/2007.

Additional information

Funding

This work was supported by the Spanish Ministry of Science and Innovation under Grant for the project entitled Repro-flows in Europe, North Africa and Latin America: peoples and gametes mobilities in the fragmented context of trans-national regulation of assisted reproduction and adoption [PID2020-112692RB-C21/AEI/10.13039/501100011033].