In vitro fertilization (IVF) treatments are complex processes both medically and legally.
Legal Framework
- Health Services Law No. 3359
- Regulation on Assisted Reproductive Treatment Practices and ART Centers
- Is applied in centers licensed by the Ministry of Health
Conditions
- Legal marriage (spouses) between)
- Spouse+woman age limit (usually 23-39)
- Medical indication (infertility)
- Treatment approvals
Embryo Freezing
- Legally permitted
- 5 years storage (can be extended)
- Damage during freezing = malpractice
Spouses In Case of Separation
- Embryo is "joint right of both spouses"
- Unilateral use forbidden
- If there is no joint decision destruction option
- Supreme Court of Appeals not yet finalized case law
Sperm/Egg Donation
- Prohibited in Türkiye (spouse) not accepted from abroad)
- If it is done abroad: child's registration problem
Surrogacy
- It is forbidden in Türkiye
- Citizens who do it abroad: the child is a Turkish citizen, but custody problem
REP Center Malpractice
- Wrong embryo transfer
- Hygiene violation
- Admixture (DNA test opposing party)
- Embryo damage
Supreme Court of Appeals HGK
HGK accepts that PCT centers have "high duty of care" and that non-pecuniary damages will be awarded in high amounts in grave mistakes such as embryo mixing.
Health law lawyer recommended.