A Human Rights-Based Approach to Accessing Preimplantation Genetic Testing: The Case of Argentina

In 2013, Argentina enacted Law 26862, guaranteeing access to assisted reproductive technologies (ARTs) but it does not include preimplantation genetic testing (PGT). Judicial rulings have denied PGT coverage, citing legal protections for embryos and the absence of explicit regulatory approval. However, this paper argues that PGT should be included under Argentina’s current ART framework, in alignment with human rights principles, scientific progress, and reproductive autonomy. Analyzing domestic legislation and the inter-American human rights system—particularly the case of Artavia Murillo v. Costa Rica—the paper demonstrates that restricting PGT disproportionately harms individuals with genetic risks, violating their rights to health, privacy, and family life. The judiciary’s reliance on “life at conception” arguments is further undermined by Argentina’s 2020 abortion law, which permits pregnancy termination. By comparing Argentina’s approach to the UK’s regulated PGT model, the paper advocates for the Ministry of Health to authorize PGT under strict criteria, ensuring equitable access while addressing ethical concerns. Recommendations include adopting evidence-based regulations to balance reproductive rights with embryo welfare, thereby advancing progressive health policies in line with international human rights standards.