EUROPE

   Council of Europe

�         Additional Protocol (Explanatory Report) to the Convention on Human Rights and Biomedicine, 12 January 1998. http://conventions.coe.int/Treaty/en/Treaties/Html/168.htm or Search  http://conventions.coe.int/Treaty/EN/CadreListeTraites.htm

Article 1 �Any intervention seeking to create a human being genetically identical to another human being, whether living or dead is prohibited. For the purpose of this article, the term human being �genetically identical� to another human beings means a human being sharing with another the same nuclear gene set.�

�         Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of Biology and Medicine - Convention on Human Rights and Biomedicine; Oviedo, April 4 1997
http://conventions.coe.int/Treaty/en/Treaties/Html/164.htm or
Search  http://conventions.coe.int/Treaty/EN/CadreListeTraites.htm

Article 13 �Interventions on the human genome

An intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or therapeutic purposes and only if its aim in not to introduce any modification in the genome of any descendants�

Austria

�         Federal Law of 1992 (Serial 275) Regulating Medically Assisted Procreation (The Reproductive Medicine Law), and Amending the General Civil Code,

�         The Marriage Law and the Rules of Jurisdiction. (1993) Search http://www.bmwf.gv.at/ (in German)

The law does not explicitly prohibit the cloning of human beings, but it limits research on human embryos (defined as �developable cells). Its central principle is that reproductive medicine is acceptable only within a stable heterosexual relationship for the purpose of reproduction. The law provides that embryos can be used only for implantation in the woman who has donated the oocytes and cannot be used for other purposes. The donation of embryos or gametes is explicitly prohibited.

Belgium

�         Law concerning research on embryos in vitro, 11 May 2003.

 The law on research on human embryos in vitro (approved by the Belgium senate in 2002 and adopted by Parliament in April 3 2003) allows therapeutic cloning and prohibits human reproductive cloning (art. 6)

 See http://www.senate.be and http://www.lachambre.be

 Denmark

�         Act No. 460 on Medically Assisted Procreation in connection with medical treatment, diagnosis and research, June 10 1997 (amended September 1 2003),

�         Act No. 503 on a Scientific, Ethical Committee System and the Handling of Biomedical Research Projects

Under both acts research on human reproductive cloning and somatic cell nuclear transfer is forbidden, therefore research cloning is prohibited.      

Estonia

�         Embryo Protection and Artificial Fertilisation Act (1997)

�         The Human Genes Research Act of 13 December 2000

http://www.legaltext.ee/text/en/X50010.htm

�(1) Genetic research relating to the Gene Bank is permitted in order to study and describe the links between genes, the physical and social environment and the lifestyles of people, to find medicinal products or methods of treatment on the basis thereof, to assess individual health hazards and to prevent illnesses.�

 Finland

See in general http://www.oecd.org/dsti/sti/s_t/biotech/prod/gt_finland.htm

The legislation applies to embryo research.  Section 15 explicitly prohibits any research which has the objective of modifying the germ line, but makes an exception for research done for the purposes of curing or preventing serious hereditary disease. The Act has been interpreted as prohibiting reproductive cloning while allowing research cloning under the conditions set forth therein (sections 11-13).

 France

The law prohibits the invasion into the integrity of the human species, eugenic behaviors intended to organize selection of human beings, and conversion of genetic characteristics leading to any change in descendants of humans (except for studies aiming at prevention and treatment of hereditary diseases) (articles 16-4).

The act also amended the Penal Code, prescribing penalties of imprisonment and fine for the implementation of eugenic activities on human beings (Article 511-1).

The bioethics legislation and its amendments (Law No. 94-653 and Law No. 94-654) specifically prohibit human cloning, creation of hybrids and chimeras, germline gene therapy, the creation of embryos purely for research purposes, and eugenic experiments.

An amendment to the Bioethics legislation was passed by the National Assembly on December 11 2004 and it is awaiting the second examination by the Senate for the finalization and adoption of the law. The amendment proposes a ban on human cloning, including for therapeutic or research purposes. See http://www.assemblee-nationale.fr/12/projets/pl1364.asp (in French)

 Georgia

http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Geo&strTopicCode=XIA

Chapter VI. Rights in the field of genetic counseling and gene therapy

�Interventions to modify the genome may only be carried out for diagnostic, therapeutic, or preventive purposes; they may not be aimed at modifying the genome of the patient's descendants (Sec. 33)�

http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Geo&strTopicCode=IA

�(1) Human cloning through the use of genetic engineering shall be prohibited.

(2) The State shall control research in the field of genetic engineering in accordance with the law.�

 Germany

http://www.bmgesundheit.de/rechts/genfpm/embryo/embryo.htm (in German)

Search http://www.bundestag.de/htdocs_e/index.html

This special criminal law prohibits human reproductive cloning and prescribes criminal penalties (imprisonment or fine) against violations. Regarding germ cells, the act prohibits any artificial changes in the genetic characteristics of human cells and prohibits the use of such altered cells for fertilization.

Greece 

Prohibits inter alia reproductive cloning.

 
�        The General Council for Health Statement of 1988 explicitly prohibits reproductive cloning.

Hungary 

http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Hung&strTopicCode=IA

�Chapter VIII. Medical research on human subjects (Secs. 157-164). Under Sec. 162, research and manipulations aimed at or giving rise to changes in the genetic heritage of the human being may only be carried out for preventive, diagnostic, or therapeutic purposes and provided that, subject to the exceptions referred to in subsections 1 and 2 of Sec. 182, the purpose of such research or manipulation is not to modify the genetic heritage of a person's descendants or to create a new individual.�

Iceland

English version available at http://brunnur.stjr.is/interpro/htr/htr.nsf/pages/lawsandregs

 Art 12(d):  �It is prohibited to perform cloning�

Ireland

http://193.178.1.117/upload/publications/297.pdf

Article 40, paragraph 3 of the Constitution expressly prohibits research on embryos. Right to life of unborn child is equal to that of the mother.

The Constitution is interpreted as an implicit prohibition on human cloning.

 Italy

 http://www.parlamento.it/att/giornal/home.htm (in Italian)

The Assisted Medical Procreation Law prohibits embryo manipulation, germline genetic modification and human cloning for reproductive or therapeutic, research purposes.

Latvia

Article 16 of the law prohibits human cloning, or the use of medical techniques to create a human being genetically identical to another, alive or dead.

The Netherlands

http://www.minvws.nl/documents/IBE/wetstekst/eng-embryowettekst.pdf

The Embryos Act prohibits human reproductive cloning and strictly regulates research on embryos. Article 11 prohibits the performance of scientific research with embryos created specifically for this purpose. This prohibition shall not apply to scientific research which is reasonably likely to lead to the identification of new insights in the field of fertility, in the field of artificial reproduction techniques, in the field of congenital diseases or in the filed of transplant medicine, and which can only be performed by making use of embryos as referred to in the first sentence.

Article 24 prohibits the use of specifically created embryo for scientific research and purposes other than the generation of a pregnancy; performing procedures with gametes or embryos with a view to the birth of genetically identical human individuals. (Unesco, Division on Ethics and Technology, September 2002)

Norway

Search http://www.stortinget.no/english/index.html

Prohibits germline therapy and prescribes criminal sanctions for its violation.

Poland

Prohibits human reproductive cloning.

 Portugal

Russia

According to the law, creation of �a human being, genetically identical to another one, dead or alive, by means of implantation of a human body cell into a female gamete preliminary deprived of it nucleus� is banned temporarily for 5-year period.

 Besides, the law forbids import and export of human cloned embryos in and out of the country for five years. Persons flouting the law will be prosecuted in accordance with the federal legislation. Meantime, neither the Criminal nor Administrative Codes provide punishment for cloning. (Unesco, Division on Ethics and Technology, September 2002)

Slovakia

Article 46: �Any intervention seeking to create a human being genetically identical to another human being, whether living or dead, is prohibited�

Research cloning is implicitly prohibited under Article 42.3c) �research without medical indication is not permitted on human embryos and fetuses.�

Article 246a.1): �Any person who performs any intervention seeking to create a human being in any stage of development genetically identical to another human being, whether living or dead, shall be sentenced from 3 to 8 years of imprisonment or shall be punished by a prohibition of activity or pecuniary penalty�

2) The perpetrator shall be sentenced from 5 to 12 years of imprisonment if he/she:

a)     commits the criminal offence referred to in paragraph 1 in the capacity of a member of an organised group;

b)      gains for himself/herself or for other person no noticeable profit.�

Slovenia

�         The Law on Medically Assisted Reproduction (2001)

�         Penal Code (2002)

Human cloning for reproductive and research or therapeutic purposes is forbidden as well as inheritable genetic modification procedures.  

Spain

http://www.geocities.com/Eureka/9068/SANIDAD/reproduc.html or

http://www.webcom.com/kruzes/legislac09.htm (in Spanish)

The law No.35/1988 establishes in sections �13.3(d) and 15.2(b) that any therapeutic intervention, investigation or research activity in pre-embryos in vitro, pre-embryos, embryos and fetuses in utero, will be authorized only if such intervention or activity does not alter its genetic make-up (in so far as it does not contain any anomaly), or if it is not aimed to individual or race selection.

The Organic Law introduced in section II of the Penal Code a Title V: Offenses relating to genetic engineering, prescribing criminal and civil sanctions for its violation.

The Spanish Penal Code (Article 16 1,2) prohibits bringing about the birth of identical human beings as a result of cloning or other procedures aimed at the selection of humans.

Sweden

This statute and the in vitro Fertilization law of 1988 govern embryo research. Any research, which seeks to genetically modify the embryo, is prohibited. It implicitly prohibits embryo and oocyte cloning with criminal sanction.

In December 2001, the Swedish Research Council declared that creating embryos through somatic cell nuclear transfer for therapeutic purposes �can be ethically defensible� which would require formulation or a legal framework by the Swedish government.

http://www.vr.se/fileserver/index.asp?fil=LCK7HDEK3U6H

Switzerland

 http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Switz&strTopicCode=IA

�Medically assisted procreation and genetic engineering in the human domain (119):

(1) Human beings shall be protected against abuse with regard to medically assisted procreation and genetic engineering.
(2) The Confederation shall legislate on the use of the human germline and genetic heritage. In doing so, it shall ensure that human dignity, personhood, and the family are protected and that the following principles are respected:
a. any form of cloning and any intervention involving the genetic heritage of human gametes and embryos is prohibited;
b. no non-human genetic heritage and germline may be transferred into the human genetic heritage or fused with it;
c. recourse to medically assisted procreation methods may be authorized only in cases where sterility or the danger of the transmission of a serious disease cannot be averted in any other way, and not for the development of certain qualities in the child or for research; the fertilization of human ovocytes outside the body of a woman shall be authorized only under the conditions laid down by law; only the number of human oocytes that may be immediately implanted may be developed to the embryo stage outside the body of a woman;
d. embryo donation and all forms of surrogate motherhood shall be prohibited;
e. there may be no trade involving human germline material or products resulting from embryos;
f. the genetic heritage of a person may not be analysed, registered, or communicated other than with that person's consent or in pursuance of a law; and
g. every person shall have access to data relating to his forebears.�

United Kingdom

http://www.legislation.hmso.gov.uk/acts/acts2001/20010023.htm

Makes it an offense for a person to place �in a woman a human embryo which has been created otherwise than by fertilisation.�