Reproductive Medicine Act
The regulation of reproductive medicine is relevant to human rights because it intervenes in questions of reproductive self-determination, the protection of unborn life and non-discrimination - especially of people with disabilities - and must reconcile sometimes contradictory rights. Children's rights and the personal rights of parents are affected, in particular from the ECHR, the UN Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. Non-discrimination, reproductive self-determination and the protection of people with disabilities are key.
Liechtenstein does not yet have a law on medically assisted reproduction. In 2016, there was a draft based on Swiss law and EU Directive 2004/23/EC, which focused on the best interests of the child, provided for protection and counseling obligations and required approvals for certain procedures. Sperm donation, insemination, in vitro fertilization, gamete transfer and the preservation of gametes would have been regulated; PGD, embryo research, egg and embryo donation, embryo preservation and surrogacy would have been prohibited. Due to strongly opposing feedback, the law was not pursued further after the consultation process.
After the ban on same-sex couples was lifted, the topic was taken up again. A new bill was announced for the end of the last legislative period in spring 2025. According to the responsible Ministry of Society and Culture, the ministry is currently looking into the issue, but no date can be given for the submission of a new consultation report. The lack of a legal regulation for reproductive medicine means that those affected do not have secure access to medical procedures, existing inequalities persist and there are no binding regulations on ethically problematic practices. A legislative process also offers the opportunity to conduct a social discourse on this complex topic.
Create a Reproductive Medicine Act and consider ratifying the Council of Europe's Biomedicine Convention.