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P6.02 Provisional and promising bioethical conclusions on uterine transplantation

Elian Pregno, Argentina

Researcher and Associate Professor
Law School
Universidad de Buenos Aires y Universidad Autónoma de Chile


Lawyer, Master in Elaboration of Legal Norms and Doctor in Philosophy of Law from the Faculty of Law of the University of Buenos Aires. He graduated cum laude from the International Postdoctoral Program in "New Technologies and Law" of the Mediterranean University, Reggio Calabria (Italy). Researcher and Professor at the Universidad de Buenos Aires (Argentina) and at the Universidad Autónoma (Chile). Member of the Bioethics Committee of the Argentine Transplant Society.


Provisional and promising bioethical conclusions on uterine transplantation

Elian Pregno1, Daniela Monticelli1.

1Facultad de Derecho, Universidad de Buenos Aires, Ciudad Autónoma de Buenos Aires, Argentina

Partial conclusions of a research still in progress on bioethical aspects of uterus transplantation at the Faculty of Law of the University of Buenos Aires (Argentina):

  1. Uterine infertility (congenital or acquired) affects 1 in 500 women of childbearing age.
  2. The authors compare TxUt against other types of treatments and possibilities for infertility and state that: a) although adoption is a path to motherhood and fatherhood, it does not solve the reproductive problem of the couple; b) gestation by substitution exhibits controversial points, fundamentally the lack of homogeneous acceptance of it in the different countries (in this respect, the same could also be said of the TxUt) and the eventual commercialization of the practice. In favor of alternative paths, the ethical dilemmas of the TxUt, the health cost and the technical complexity of the procedure are usually emphasized.
  3. The counterargument to the alleged commodification highlights the altruistic nature of organ donation in general and is somewhat weak since it is not refuted. However, he points out that the donors (especially when they are related to the recipients) achieve benefits of a psychological nature knowing that they are contributing to the formation of a family or that the hysterectomy represents a positive change in their physical health every time. that, for obvious reasons, they will never suffer from cervical cancer.
  4. On the other hand, the risks involved in undergoing a highly complex surgical intervention are often opposed, since there is consensus among the teams that perform TxUt regarding the preference for living donors.
  5. There is still a debate about the time between TxUt and embryo transfer. Most teams still opt for a one-year interval. A no minor bioethical issue at this point is represented by the manipulation, discarding and loss of embryos. The majority of the literature agrees that the information we have is still very limited and that more data is needed, which is why long-term follow-up of donors, recipients and newborns is necessary to improve and better understand the procedure, the risks and benefits.
  6. With regard to the impact it has, especially on gender issues, it can be seen that this procedure has the potential to exploit vulnerable women. A not minor problem here is to what extent desire can become a source of rights.
  7. Finally, among the bioethical limits converge issues such as the costs of the procedure and the eventual impact it could have on the public accounts of the states when faced by the health systems.

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