Misconduct in third-party assisted reproduction: an Ethics Committee opinion
Ethics Committee of the American Society for Reproductive Medicine
Committee members:Judith Daar, Jean Benward, Lee Collins, Joseph Davis, Owen Davis, Leslie Francis, Elena Gates, Elizabeth Ginsburg, Susan Gitlin, Sigal Klipstein, Laurence McCullough, Richard Paulson, Richard Reindollar, Ginny Ryan, Mark Sauer, Sean Tipton, Lynn Westphal, Julianne Zweifel, …
Ethics Committee of the American Society for Reproductive Medicine (2018). Misconduct in third-party assisted reproduction: an Ethics Committee opinion. Fertility and sterility. https://doi.org/10.1016/j.fertnstert.2018.08.030
Ethics Committee of the American Society for Reproductive Medicine. Misconduct in third-party assisted reproduction: an Ethics Committee opinion. Fertility and sterility. 2018. doi:10.1016/j.fertnstert.2018.08.030
Ethics Committee of the American Society for Reproductive Medicine. "Misconduct in third-party assisted reproduction: an Ethics Committee opinion." Fertility and sterility, 2018.
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RRM Academy Synopsis
ASRM opinion encourages disclosure of misconduct in third-party ART
A 2018 ASRM Ethics Committee opinion says professionals should encourage disclosure of misconduct. The topic is wrongdoing in third-party ART. Sometimes telling the affected party, or declining care, is ethically permissible. The committee argues from ethics principles and cases.
Study at a glance, committee opinion: ASRM opinion encourages disclosure of misconduct in third-party ART. Source: Ethics Committee of the American Society for Reproductive Medicine, 2018, PMID 30396537.
Key Findings
The committee holds that professionals who find misconduct, or other hidden facts material to another party's participation in an ART arrangement, "should encourage disclosure."
In some instances the committee holds that a physician may either disclose the material information or step away, calling both "ethically permissible."
When a donor or carrier will not share material facts with an intended parent, or the reverse, the committee says the physician "may ethically refuse to participate."
Physicians who learn of misconduct by health professionals, attorneys or agents are told to report it to law enforcement, licensing bodies or professional associations, as appropriate.
When the legal status or parental rights of the parties are at stake, the committee advises "referral to legal professionals."
Interpretation
The document is a committee opinion. The authors present no data. They reason from ethics principles, court cases and hypothetical scenarios, such as a donor who plans to claim parental rights. The committee says each scenario of third-party wrongdoing is unique and needs an individualized response. The guidance covers donors, carriers, intended parents, agents and attorneys. The committee says a physician who learns of misconduct should look to the parties' contract for its confidentiality and disclosure terms. The opinion replaces the committee's 2014 document of the same title.
RRM Context
Restorative reproductive medicine looks for the cause of infertility first. The opinion applies after donors or carriers join a family-building plan. The text covers conduct inside that plan. Two duties, informed consent and confidentiality, apply in every clinical relationship.
Our editorial summary of this paper, not the article's abstract.
Abstract
Professionals who discover misconduct or other undisclosed information that would be material to the participation of another party (such as a donor, gestational carrier, intended parent, or lawyer) in an assisted reproductive technology arrangement should encourage disclosure to that party. In some instances, it is ethically permissible for the physician either to disclose material information to the affected party or to decline to provide care. In all cases involving the legal status or rights of the parties, referral to legal professionals is advised. This document replaces the document of the same name, last published in 2014 (Fertil Steril 2014;101:38-42).
Ethics Committee of the American Society for Reproductive Medicine, 2018
Ethics and Policy › Policy and Regulation › Professional Standards · Clinical Guidelines and Standards › Guidelines by Issuing Body › United States Professional Societies
Judith Daar, Jean Benward, Lee Collins, Joseph Davis, Owen Davis, Leslie Francis, Elena Gates, Elizabeth Ginsburg, Susan Gitlin, Sigal Klipstein, Laurence McCullough, Richard Paulson, Richard Reindollar, Ginny Ryan, Mark Sauer, Sean Tipton, Lynn Westphal, Julianne Zweifel, 0000-0003-0284-2845
J Daar, J Benward, L Collins, Joe Davis, Joey Davis, J Davis, O Davis, L Francis, E Gates, Liz Ginsburg, Beth Ginsburg, Betsy Ginsburg, E Ginsburg, Sue Gitlin, S Gitlin, S Klipstein, Larry McCullough, L McCullough, Rick Paulson, Dick Paulson, Rich Paulson, R Paulson, Rick Reindollar, Dick Reindollar, Rich Reindollar, R Reindollar, G Ryan, M Sauer, S Tipton, L Westphal, J Zweifel
PMID 30396537 30396537 DOI 10.1016/j.fertnstert.2018.08.030 10.1016/j.fertnstert.2018.08.030 Ethics Committee of the American Society for Reproductive Medicine et al. 2018, Ethics Committee of the American Society for Reproductive Medicine 2018
