No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeNewsCosta RicaHuman rights court admits new IVF complaint against Costa Rica

Human rights court admits new IVF complaint against Costa Rica

The lawyer for six couples who sued Costa Rica more than a decade ago for banning in vitro fertilization says time is running out for his clients to become parents.

On Friday the Inter-American Court of Human Rights (IACHR) admitted for review a request from the lawyer, Hubert May, to temporarily allow the couples to undergo IVF. May is arguing that the couples — who filed a complaint against Costa Rica before the regional human rights body nearly 16 years ago, in the prime of their child-bearing years — can’t wait any longer for the government to make IVF legal.

May requested that the San José-based court order Costa Rica to resume the fertility procedure under the provisions of an executive decree signed by President Luis Guillermo Solís last September. That decree was later struck down by the Constitutional Chamber of the Supreme Court, or Sala IV, on Feb. 3.

The court set a March 4 deadline for the government to respond to the complaint.

IVF impasse, despite court orders

The IACHR had already ordered the country, on Feb. 4, to allow the fertility procedure for the six couples who filed a complaint against the ban. The order followed a previous IACHR ruling from 2012 ordering the country to authorize the procedure both in public and private hospitals.

Solís signed a decree to regulate IVF on Sep. 10, 2015 in order to abide by the court’s order, but the Sala IV ruled the decree unconstitutional and annulled it. Justices at the time argued that the procedure should be regulated by law, not by presidential decree.

Following the Sala IV ruling, the government sent a draft bill to the Legislative Assembly, but its approval has since stagnated.

May said he met with officials from the Foreign Ministry and Casa Presidencial recently to discuss compliance with the ICHR order, but that “time is critical.” Due to the long legal process, several of the couples represented by May are no longer eligible to undergo the procedure due to their age. For other couples, the biological clock is ticking, “meaning they need a ruling as soon as possible or they will lose their chances of becoming parents, which is cruel and inhumane,” the lawyer stated in the petition.

May said the Sala IV should no longer have jurisdiction to decide if the decree is appropriate to comply with the ICHR ruling.

“Casa Presidencial, the Ombudsman’s Office, and all of us attorneys representing the couples agreed that the decree is a valid instrument to regulate IVF procedures,” he said.

Current sessions at the ICHR end on March 2 and will resume in April.

Trending Now

What Costa Rica’s Record-Low Dollar Means for Expats and Retirees

The dollar fell to another all-time low on Costa Rica's Foreign Exchange Market (Monex) on Wednesday. The drop extends a slide that is steadily...

Costa Rica Health Workers Plan Nationwide Strike Over Unpaid Salaries

Health workers across Costa Rica are preparing for a nationwide strike tomorrow as problems with a new payroll system continue to leave some employees...

Thousands rally across Costa Rica in defense of the courts as President Fernández pushes judicial overhaul

Thousands of Costa Ricans protested last night against what they see as a threat to the country's democracy from President Laura Fernández, driven by...

What the Red Sea Oil Halt Could Mean for Costa Rica

Saudi Arabia has not exported crude oil through its Red Sea ports since Saturday, after drone attacks damaged its East-West pipeline, according to maritime...

Costa Rica’s New High-Security Prison for Organized Crime to Be Ready in 15 Days

Costa Rica’s new high-security prison for organized crime is expected to be handed over to the government by the end of September, with authorities...

Costa Rica Jaguar Reappears After Nearly Three Years Off the Cameras

A jaguar that had not been recorded by a wildlife camera in Costa Rica since 2023 has been photographed again on the Osa Peninsula,...

El Niño Hits Very Strong Intensity and Could Last Until June 2027

El Niño has reached very strong intensity and could last until June 2027, covering Costa Rica's entire dry season.

Cartago Merchants Demand Legal Basis for Independence Day Business Closures

The Cámara de Comercio de Cartago wants the closure order withdrawn and the documents behind it published, after the perimeter and closing time both shifted in under 24 hours.

Costa Rica Bill Proposes to Ban Conversion Therapy

A new bill looks to ban practices aimed at changing, repressing, nullifying, or suppressing a person’s sexual orientation, gender identity, or gender expression, commonly...
L. Arias
L. Arias
Reporter | The Tico Times |
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel