Morning Symposium - NPG-LPG Symposium - Egg Cryopreservation and Banking-Where Are We Going and What Do We Need to Know?

Date:October 20, 2014

Time:11:15 am - 1:00 pm

Location:HCC315 - Hawaii Convention Center


Susan L. Crockin, J.D. (Chair), Crockin Law & Policy Group, Georgetown University Law Center

Andrea M. Braverman, Ph.D., Thomas Jefferson University

Lindsay E. Canning, R.N., M.S.N., Seattle Reproductive Medicine

Needs Assessment and Description
Informed consent is a cornerstone of medical treatment, and professionals involved in assisted reproductive technology (ART) should understand the unique issues this type of medical care raises for myriad patients who may be involved in a single case. ART treatment always involves at least 2 patients, frequently involves several, and presents a complex situation for medical, mental health, and legal professionals, intended parents, donors, and gestational surrogates, as well as expanding geographic boundaries that increasingly cross both state and national borders. ART treatments also raise novel consent issues, including freezing and future uses of genetic material, changing laws surrounding ART and reproductive genetics, and rapidly expanding internet technologies such as Skype and “docu-sign” that may be transforming how informed consent is obtained. This course will approach these issues from a cross-disciplinary perspective. All ART professionals involved in medical care, psycho-education and counseling, or legal representation of ART patients will benefit from learning about these new challenges and how they are being addressed. The session will include interactive discussions of “hypothetical” cases in which the faculty panel will discuss and analyze the intricacies of informed consent. Attendees will be invited to present hypothetical cases both in advance and during the course, and will use the interactive participation system as part of these sessions.

 Learning Objectives
At the conclusion of this session, participants should be able to:

  1. Review and revise their ART consent forms to address the multiple patient participants in many ART arrangements.
  2.  Identify the multiple patients involved in ART arrangements and address novel technologies such as egg freezing and genetic testing that will create future vulnerabilities and unique needs for informed consent.

ACGME Competency

An international couple approaches your clinic: through a third-party matching program, they have identified a local woman willing to be a gestational carrier for them. She has been screened by the matching program, including a consultation with a mental health professional. She is separated, but not divorced, from her husband, living in a neighboring state to your program, and has no health insurance of her own. The international couple has informed you, through an interpreter, that they and their matching program will provide for all necessary nonmedical aspects of the arrangement, and all they need you to do is thaw and transfer the frozen embryos they will ship to your program (made with donor egg). They are eager to move forward as soon as possible, and will be returning home after the transfer until closer to the time of birth when they intend to fly back to the United States. After participating in this session, in my practice I will:
a. Move forward with the requested medical services and transfer embryos without further delay.
b. Advise the international patients that there are legal risks that you need to explain to them before proceeding to ensure they understand their vulnerabilities.
c. Advise the gestational carrier that since a matching program in the United States has made all arrangements she has nothing to worry about and may proceed as soon as her cycle can be coordinated.
d. Require that all parties have independent legal counsel and provide you with a statement from one or both lawyers explaining that they have represented their respective clients in putting a legal agreement in place and that all legal issues, including citizenship and immigration, have been addressed to the satisfaction of all parties.
e. Tell them what they are attempting to do is impossible and neither you nor any other IVF program can assist them.
f. Not applicable to my area of practice


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