A majority ruling of the Constitutional Chamber indicates that the State must comply with the ruling of the Inter-American Court of Human Rights (IACHR) on human rights and “summons” the Legislative Branch to enact a law that regulates this procedure.
The magistrates considered that the In Vitro Fertilization Decree, promulgated by Luis Guillermo Solís, It is unconstitutional, since it is Congress that must legislate on the subject.
The Chamber considers that while the Legislative Assembly proceeds with the law, the decree will continue to be in force.
In September of last year, Solís signed the aforementioned decree, with the intention of regulating and allowing this method of conception.
Since 2012, the Inter-American Court had handed down a sentence in a case raised by a group of Costa Rican couples who could not carry out the procedure in the country.
Several bills have entered the legislative current to regulate this fertilization technique, but the opposition of conservative Christian groups have prevented its approval, considering that it violates the right to life.
The evangelical bench is made up of four of the 57 deputies, and they have used delaying tactics to prevent their vote.
In Costa Rica there could be 15,000 people who want to procreate and they only have the possibility of doing so through in vitro fertilization, according to lawyer Boris Molina, who represents several families that defend this reproductive technique.
