Argentina’s Legal and Regulatory Challenges in Covering Preimplantation Genetic Testing

In 2013, Argentina enacted Law 26862, guaranteeing access to assisted reproductive technologies (ARTs) but excluding coverage for preimplantation genetic testing (PGT). Judicial rulings have consistently denied insurance coverage for PGT, citing legal protections for embryos based on the principle that life begins at conception and the lack of explicit authorization from the Ministry of Health. These denials contrast with earlier court decisions supporting access to other high-cost medical treatments under the right to health. Argentina's 2020 abortion law, which allows termination of pregnancy up to 14 weeks, challenges the absolute protection of embryonic life previously invoked in court rulings on PGT. PGT, chiefly used to identify severe genetic disorders before implantation, is a medically accepted procedure with established safety records internationally, notably regulated in the United Kingdom by the Human Fertilisation and Embryology Authority (HFEA). Argentina’s Ministry of Health holds regulatory authority over ARTs but has yet to authorize PGT, leaving a regulatory gap. International human rights frameworks, including the American Convention on Human Rights and jurisprudence from the Inter-American Court of Human Rights (IACHR), endorse reproductive autonomy and access to scientific progress, framing PGT as a right linked to the highest attainable standard of health. Several Argentine court decisions have ruled against PGT coverage, citing embryo protection and the Ministry of Health’s prerogative to authorize treatments. However, the IACHR’s landmark Artavia Murillo v. Costa Rica ruling emphasized balancing the rights to reproductive autonomy and health against embryonic protection, rejecting absolute embryo rights that override personal liberties. Argentine Supreme Court precedents also support proportionality in reproductive rights, as demonstrated in abortion rights jurisprudence. The denial of PGT coverage disproportionately affects individuals with genetic risks, disabilities, women, and economically disadvantaged populations, raising concerns about equity and non-discrimination in accessing reproductive healthcare. The legal framework remains incomplete, as Argentine law mandates special legislation for embryo protection, which is still pending. This creates a legal vacuum complicating ethical and regulatory guidance on PGT. The article recommends that Argentina’s Ministry of Health update its ART coverage to include PGT under strict regulatory criteria similar to the UK model, ensuring equitable access while respecting ethical considerations. Doing so would align domestic policies with international human rights obligations, promote social justice, and enhance reproductive health outcomes. Given Argentina’s constitutional obligations and international treaty commitments, incorporating PGT would represent progressive health policy advancement.