Las Técnicas de Fecundación In Vitro y los Embriones Humanos Congelados

In vitro fertilization techniques have represented a significant advance in medical science by offering an alternative to couples facing infertility and sterility problems. However, their application has generated profound ethical and legal implications, particularly regarding the production of supernumerary human embryos and their subsequent cryopreservation. This article aims to analyze the legal status of the human embryo conceived through assisted reproduction techniques, as well as the regulatory gaps existing within the Mexican legal system in response to this scientific reality. From a legal, bioethical, and comparative approach, the study examines the distinction between sterility and infertility, the scope of the main assisted reproduction techniques—both intracorporeal and extracorporeal—and the medical and ethical risks they entail. Special emphasis is placed on the issue of supernumerary embryos, whose fate often remains undefined due to the absence of specific regulation, as well as on the practice of cryopreservation, which raises questions regarding human dignity and the protection of life from the moment of conception. Comparative legal analysis shows that other countries have adopted diverse regulatory models, ranging from restrictive approaches to permissive regulated frameworks, in contrast to the lack of comprehensive legislation in Mexico. Based on this study, it is concluded that legislative intervention is essential to limit the production of supernumerary embryos, strengthen state supervision of assisted reproduction clinics, and ensure effective protection of the human embryo. In this way, the article seeks to harmonize scientific progress with respect for human rights and the dignity of the person from the earliest stages of development.