Aspectos jurídicos de la obtención, utilización y circulación de los gametos humanos / Legal issues of the collection, use and international exchange of human gametes

Human gametes are products with a complex legal nature. With this basis, and taking into account all the interests around their use, a legal regime has been drafted, trying to reconcile the protection of the subject with the right to reproductive health and biomedical research of third parties, as well as the general interest in scientific progress. This paper analyzes how the legal system has placed the protection of the rights of the subject as the axis of regulation, the constraints articulated regarding the collection, use and circulation of gametes, and the itinerary or control mechanisms, which are different according to the context (assisted reproduction, biomedical research or international circulation). One of the most complex issues is the identification of the requirements for obtaining ovules for research purposes (which we have called DOI –Óvulos Directamente Obtenidos para Investigación/Directly Obtained for Research- ovules). The analysis of the legislation, fragmented and complex, raises serious doubts in relation to this possibility, taking into account the physical procedure that the woman must undergo for donation).