Ethics and Policy · Reproductive Ethics

Access to fertility treatment irrespective of marital status, sexual orientation, or gender identity: an Ethics Committee opinion

Ethics Committee of the American Society for Reproductive Medicine

Committee members: Sigal Klipstein, M.D.; Ricardo Azziz, M.D., M.P.H., M.B.A.; Katherine Cameron, M.D.; Judith Daar, J.D.; Joseph B. Davis, D.O.; Ruth Farrell, M.D.; Elizabeth Ginsburg, M.D.; Mandy Katz-Jaffe, Ph.D.; Jennifer Kawwass, M.D.; Robert Rebar, M.D.; Mary Samplaski, M.D.; Peter Schlegel, M.D.; David Shalowitz, M.D.; Chevis N. Shannon, Dr.P.H., M.P.H., M.B.A.; Sean Tipton, M.A.; Lynn Westphal, M.D.; Julianne Zweifel, Ph.D.

Published August 2021 Fertility and sterility
DOI 10.1016/j.fertnstert.2021.03.034 PMID 33906744
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RRM Academy Synopsis

ASRM committee backs equal services for single and LGBT patients

In a 2021 opinion that replaces its 2013 one, the ASRM Ethics Committee says programs should treat single, unmarried and LGBT patients like married heterosexual couples when picking services. It weighs child welfare, civil rights law and clinician conscience.

Key Findings

  • The committee says programs should give single people, unmarried couples, and diverse sexuality and gender (DSG) individuals and couples the same services as married cisgender heterosexual couples.
  • The committee says studies of children raised by same-sex parents indicated overwhelmingly that parental sexual orientation did not adversely affect them, though many studies were small and fewer covered same-sex male parents.
  • The committee says programs may decline on the grounds used for married couples: serious, substantiated doubts about child-rearing fitness, or a service, such as egg donation, the program does not offer.
  • If a married patient presents as single or with a non-spouse partner, the committee says providers may ethically refuse treatment without assurance that the spouse knows and does not object.
  • The committee believes services should be consistent across patients despite clinician objections, including religious ones. It cites a 2008 California Supreme Court ruling against refusing a lesbian patient on religious grounds.

Interpretation

The document is an ethics opinion from a professional body. It reasons from cited research and law and reports no new data. The committee calls many of the child-welfare studies small and notes that some investigators presented data suggesting worse outcomes for children with same-sex parents, and judges that the larger body of studies outweighed those data and left the concern unsupported. The opinion covers program access to assisted reproduction services in the United States. The committee states that other plans of management may be appropriate.

RRM Context

Restorative reproductive medicine looks for the cause of infertility and treats it. That principle applies to single people and same-sex couples with a diagnosable cause. The opinion covers which assisted reproduction services programs offer. Evaluation before treatment falls outside it.

Abstract

This statement explores the implications of reproduction by single individuals and unmarried couples and pertains to diverse sexuality and gender (DSG) or cisgender heterosexual persons. The statement concludes that individuals and couples should have access to fertility services irrespective of marital status, sexual orientation, or gender identity. This document replaces the previous version of this document entitled "Access to fertility treatment by gays, lesbians, and unmarried persons: a committee opinion", published in December 2013 (Fertil Steril 2013;100:1524-7).

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Ethics and Policy › Reproductive Ethics › LGBTQ Rights · Clinical Guidelines and Standards › Guidelines by Issuing Body › United States Professional Societies
Sigal Klipstein, Ricardo Azziz, Katherine Cameron, Judith Daar, Joseph B. Davis, Ruth Farrell, Elizabeth Ginsburg, Mandy Katz-Jaffe, Jennifer Kawwass, Robert Rebar, Mary Samplaski, Peter Schlegel, David Shalowitz, Chevis N. Shannon, Sean Tipton, Lynn Westphal, Julianne Zweifel, 0000-0003-0284-2845
S Klipstein, R Azziz, Kathy Cameron, Kate Cameron, Katie Cameron, K Cameron, J Daar, Joe Davis, Joey Davis, J Davis, R Farrell, Liz Ginsburg, Beth Ginsburg, Betsy Ginsburg, E Ginsburg, M Katz-Jaffe, Jen Kawwass, Jenny Kawwass, J Kawwass, Bob Rebar, Rob Rebar, Bobby Rebar, R Rebar, M Samplaski, Pete Schlegel, P Schlegel, Dave Shalowitz, D Shalowitz, C Shannon, S Tipton, L Westphal, J Zweifel
PMID 33906744 33906744 DOI 10.1016/j.fertnstert.2021.03.034 10.1016/j.fertnstert.2021.03.034 Ethics Committee of the American Society for Reproductive Medicine et al. 2021, Ethics Committee of the American Society for Reproductive Medicine 2021