Reproductive Medicine Act (RMA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 29 Production of embryos for illegitimate purposes
1 Any person who produces an embryo by impregnation with the intention of using it or having it used for purposes other than the establishment of a pregnancy shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who preserves an impregnated ovum or an embryo in vitro with the intention of using it or having it used for purposes other than the establishment of a pregnancy.
Art. 29 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 30 Development of embryos outside the woman’s body
1 Any person who allows an embryo to develop outside the woman’s body beyond the point at which implantation in the uterus remains possible shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who transfers a human embryo to an animal.
Para. 1 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 31 Surrogate motherhood
1 Any person who uses an assisted reproductive technique in a surrogate mother shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who acts as an intermediary for surrogate motherhood.
Para. 1 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 32 Misuse of reproductive material
1 Any person who uses reproductive material obtained from an embryo or foetus to bring about impregnation or further development into an embryo shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who purchases or sells human reproductive material or products derived from embryos or foetuses shall be liable to custodial sentence not exceeding three years or to a monetary penalty. 3 If the offender acts in a professional capacity, the penalty shall be a custodial sentence not exceeding five years or a monetary penalty.
Art. 32 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853). Para. 3 — Amended by No I 26 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 33 Analysis of the genetic material and selection of reproductive cells and embryos in vitro
Any person who in the course of a reproductive technique analyses the genetic material of reproductive cells or embryos in vitro and selects them according to their sex or according to other characteristics without overcoming infertility or avoiding the transmission of the predisposition to a serious disease to the offspring shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 33 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 34 Acting without consent or a licence
1 Any person who uses an assisted reproductive technique without the consent of the person from whom the reproductive cells are obtained or of the couple being treated shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who, acting without a licence or having obtained a licence by fraudulent means, uses assisted reproductive techniques or preserves or supplies reproductive cells, impregnated ova or embryos in vitro or arranges analyses of the genetic material of embryos in vitro.
Art. 34 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 35 Germ-line modifications
1 Any person who genetically modifies a germline cell or an embryonic cell shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who uses a genetically modified reproductive cell for impregnation or uses a similarly modified impregnated ovum for further development into an embryo. 3 Paragraph 1 does not apply if the modification of germline cells is an unavoidable concomitant effect of chemotherapy, radiotherapy or another medical treatment that a person is undergoing.
Para. 1 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 36 Cloning, chimera and hybrid formation
1 Any person who creates a clone, a chimera or a hybrid shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The same penalty shall apply to any person who transfers a chimera or a hybrid to a woman or to an animal.
Para. 1 — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 37 Contraventions
Any person who wilfully: a. uses an assisted reproductive technique in a woman in contravention of Article 3 paragraph 2 letter a and paragraph 3; b. uses reproductive cells obtained from a person who is deceased, with the exception of the sperm cells of a deceased sperm donor; bbis. uses impregnated ova or embryos in vitro obtained from a couple one of whom is deceased; c. uses donated ova, develops an embryo using donated ova and donated sperm cells, or transfers a donated embryo to a woman; d. uses assisted reproductive techniques in the absence of a permissible indication; e. ... f. preserves reproductive material in contravention of Articles 15, 16 and 42; g. develops embryos in contravention of Article 17 paragraph 1; h. donates sperm cells to several holders of licences under Article 8 paragraph 1; i. uses donated sperm cells in contravention of Article 22 paragraphs 1–3; j. incorrectly or incompletely records data required in accordance with Article 24; shall be liable to a fin
let. b — Amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853). let. bbis — Inserted by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853). let. e — Repealed by No I of the FA of 12 Dec. 2014, with effect from 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853). Sentence amended by No I of the FA of 12 Dec. 2014, in force since 1 Sept. 2017 (AS 2017 3641; BBl 2013 5853).
Art. 38 Competent authority
The prosecution and adjudication of offences under this Act is the responsibility of the cantons.