Inter-American Court of Human Rights

The Inter-American Court of Human Rights on Friday admitted a new request filed by the lawyer of six couples who sued Costa Rica for banning in vitro fertilization nearly 16 years ago.

The fight to legalize in vitro fertilization in Costa Rica faces yet another setback after a high court struck down a recent decree by the administration of President Luis Guillermo Solís to legalize the procedure.

Costa Rica’s executive branch backed down Tuesday from a bill to regulate in vitro fertilization, saying it would wait for court rulings on the issue.

Six plaintiffs are asking Costa Rica's Constitutional Chamber of the Supreme Court to throw out a constitutionality challenge to an executive decree that would legalize in vitro fertilization in Costa Rica.

In the latest curve of Costa Rica’s roller coaster process to legalize in vitro fertilization, the Constitutional Chamber of the Supreme Court has thrown out several challenges to President Luis Guillermo Solís’ decree regulating the fertility procedure here. But before supporters can celebrate the news the president's decree still must overcome another challenge filed this week.

President Luis Guillermo Solís presented draft language Thursday morning that would legalize in vitro fertilization 15 years after the procedure was banned in Costa Rica by the Constitutional Chamber of the Supreme Court. The draft decree comes three years after the Inter-American Court of Human Rights — based in San José — ruled that the ban violated the human rights of infertile couples trying to conceive.

Major legislative victories were largely absent from this extraordinary session, the month-long period when the executive branch sets the Assembly’s agenda, but Casa Presidencial spun it as a success. According to a statement from Casa Presidencial, 36 of its 77 bills “advanced” and five reached the plenary for debate.

President Luis Guillermo Solís alerted lawmakers Wednesday that if they did not take action to legalize in vitro fertilization by Sept. 3, he would.

“We are reaching a point where we will be forced to make a decision. That includes the possibility of passing IVF by an executive decree so that the country does not have to face another sanction,” Solís told reporters.

Elizabeth Odio Benito, a Costa Rican lawyer and former vice president, has a long resume of accomplishments in international human rights and national government.