THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCHLAW an arbitrary process. From the perspective of the em bryo it really makes no difference which interest has been chosen 6.5 Scientific research using in-vitro embryos which have been implanted and using foetuses In the case of pre-implantation diagnostics research is carried out on embryos in vitro to discover whether there is the presence of (hereditary) disorders so that only an embryo with no such disorder will be placed(returned) to the uterus. When this concems the health of the future child the requirements are different to the case whereby embryos are lost. +3 Here also the central commission established under the Medical Research Act should approve a research protocol wherein an important criterion is that it is reasonably likely that the interest at stake in the research is proportionally related to the drawbacks and the risks involved for the future child and the woman(Art. 16 Embryos Bill). The woman as well as her husband or partner should give their written consent in this matter(Art. 17 Embryos Bill) Prenatal research is only allowed if it is therapeutic, that is to say if it can prevent serious disorders in the foetus concemed and that it cannot be postponed until after the birth(Art. 20 Embryos Bill). Therapeutic prenatal research is only permissible if the central commission has positively approved a research protocol whereby it must be reasonably likely that the interest involved in the research proportionately related to the drawbacks and the risks involved for the foetus and the pregnant woman in question and such research must be with the written permission of the pregnant woman. 44 Furthermore, the research should lead to the establishment of new insights in the field of medicine concerning unbom or newborn children or in connection with the full course of pregnancies and these objectives cannot be attained by means of other foms or methods of scientif ic research(Art. 19 Embryos Bill). Non-therapeutic research carried out on the foetus(thus research which is only of importance for medical science )is not permitted. 45 Posthumous reproduction/law of succession The Embryos Bill renders posthumous reproduction possible. The main rule is that if the sperm donor or one of the persons involved in the frozen embryos has died, the ise may be, the em bryo will no lor the lifetime of the person concerned a written decaration has been made conceming the use of the spem or embryo in question, then that sperm or embryo may be kept (Art. 7 Embryos Bill). In Australia and the Us(the Rios Case 1984)the question arose whether a frozen em bryo-whereby both prov iders of the gametes had died had succession rights. Under Dutch lw there would be no succession rights, the Explanatory Memorandum, 2000/01, 27423, no 3, P. 37 Strangely enough, not the written perm ission of her husband or parter, who would also have an nterest n the health of the future child, according to Te Braake, 2001. The legislator has made thi choice because of the stress of the research for the pregnant woman and her direct involvement in her pregnancy, Explanatory Memorandum, 2000M01, 27423, no 3, P. 40 45 Explanatory Memorandum, 2000/01, 27423, no 3, P. 39THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCH LAW 9 an arbitrary process. From the perspective of the embryo it really makes no difference which interest has been chosen. 6.5 Scientific research using in-vitro embryos which have been implanted and using foetuses In the case of pre-implantation diagnostics research is carried out on embryos in vitro to discover whether there is the presence of (hereditary) disorders so that only an embryo with no such disorder will be placed (returned) to the uterus. When this concerns the health of the future child the requirements are different to the case whereby embryos are lost.43 Here also the central commission established under the Medical Research Act should approve a research protocol wherein an important criterion is that it is reasonably likely that the interest at stake in the research is proportionally related to the drawbacks and the risks involved for the future child and the woman (Art. 16 Embryos Bill). The woman as well as her husband or partner should give their written consent in this matter (Art. 17 Embryos Bill). Prenatal research is only allowed if it is therapeutic, that is to say if it can prevent serious disorders in the foetus concerned and that it cannot be postponed until after the birth (Art. 20 Embryos Bill). Therapeutic prenatal research is only permissible if the central commission has positively approved a research protocol whereby it must be reasonably likely that the interest involved in the research is proportionately related to the drawbacks and the risks involved for the foetus and the pregnant woman in question and such research must be with the written permission of the pregnant woman.44 Furthermore, the research should lead to the establishment of new insights in the field of medicine concerning unborn or newborn children or in connection with the full course of pregnancies and these objectives cannot be attained by means of other forms or methods of scientific research (Art. 19 Embryos Bill). Non-therapeutic research carried out on the foetus (thus research which is only of importance for medical science) is not permitted.45 7 Posthumous reproduction/law of succession The Embryos Bill renders posthumous reproduction possible. The main rule is that if the sperm donor or one of the persons involved in the frozen embryos has died, the sperm or, as the case may be, the embryo will no longer be kept. However, if during the lifetime of the person concerned a written declaration has been made concerning the use of the sperm or embryo in question, then that sperm or embryo may be kept (Art. 7 Embryos Bill). In Australia and the US (the Rios Case 1984) the question arose whether a frozen embryo - whereby both providers of the gametes had died had succession rights. Under Dutch law there would be no succession rights, the 43. Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 37. 44. Strangely enough, not the written permission of her husband or partner, who would also have an interest in the health of the future child, according to Te Braake, 2001. The legislator has made this choice because of the stress of the research for the pregnant woman and her direct involvement in her pregnancy, Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 40. 45. Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 39