Clinical and Legal Approaches in Assisted Reproductive Techniques
Chapter from the book:
Çuvadar,
A.
&
Arslan,
N.
(eds.)
2026.
Holistic Approaches in Women's Health.
Synopsis
This section addresses the clinical and legal approaches to assisted reproductive technologies (ART). Assisted reproductive technologies are defined as methods that support fertilization and embryo development processes in a laboratory setting for couples who are unable to achieve spontaneous pregnancy and are considered one of the fundamental components of infertility treatment. In infertility management, treatment should be planned progressively from low-risk interventions to more invasive procedures following a comprehensive evaluation of all factors affecting infertility. In Türkiye, the legal framework of ART practices is regulated by the “Regulation on Assisted Reproductive Treatment Practices and Assisted Reproductive Treatment Centers.” According to Turkish law, only married couples may benefit from these practices, provided that they use their own reproductive cells. The use of third-party reproductive cells such as sperm or oocyte donation, surrogacy, and certain gender transition-related reproductive practices are prohibited by law, and criminal sanctions are imposed for unlawful practices.
In transgender individuals, assisted reproductive technologies are particularly important for fertility preservation. Since hormone therapies and surgical interventions may have permanent effects on reproductive capacity, fertility preservation methods such as sperm or oocyte cryopreservation are often considered prior to transition-related treatments. Legal regulations concerning assisted reproductive technologies vary considerably among European countries. Countries such as Greece, Belgium, and the Netherlands adopt more liberal policies regarding donor use and access for single women, whereas countries such as Germany and Italy impose stricter regulations on embryo cryopreservation and donation. These legal differences contribute to the phenomenon of “reproductive tourism,” in which individuals travel to other countries to access reproductive services that are restricted or unavailable in their own country.
