Mitochondrial replacement techniques and Mexico's rule of law: On the legality of the first maternal spindle transfer case

Abstract

News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. Oneof the scientists behind this world firstwas quoted as having said that he and his team went to Mexico to carry out the procedure because, inMexico, there are no rules. In this paper, we exploreMexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances ofMRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research.