Ethical and Legal Considerations in Assisted Reproduction

DigiNerve
3 min readJun 13, 2024

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Infertility is regarded as a health problem, and it affects approximately 8%–10% of couples worldwide.

It has become a significant concern worldwide, and the following are the reasons behind it:

  • Hormonal imbalance
  • Excessive alcohol consumption
  • Smoking and using tobacco products
  • Substance abuse
  • Exposure to environmental toxins
  • Over-exercising
  • Radiation therapy or chemotherapy
  • Sexually transmitted infections (STIs)
  • Having obesity or being underweight
  • Chronic conditions and diseases
  • Age (For women in their late 30s or 40s, it is difficult to conceive, and for men, it’s 50 years).

The above listed are just a few reasons people fail to conceive.

But here comes the solution: Assisted Reproduction, which is a blessing for couples who struggle to conceive.

It all started at the end of the 18th century when artificial insemination with a man’s semen was tried. After that, the advancement in assisted reproduction never took a back seat, and by the second half of the 20th century, two major technological advances came into existence: gamete freezing and in vitro fertilization (IVF).

We are all aware of how popular IVF has become today.

But do you know that these practices are currently accepted only in certain countries and communities and have generated new debates and challenges for doctors, lawmakers, and society at large?

Yes! Because few people or groups are misusing these technologies.

While assisted reproductive technology (ART) has given hope to millions of couples suffering from infertility, it has also introduced countless ethical concerns along with legal and social challenges.

However, to cope with these ethical issues in in-vitro fertilisation and other assisted reproduction techniques, guidelines have been developed by the different nations as per their standards.

But still, governments need to work on many ethical considerations.

Moving forward in this article, we will discuss a few ethical and legal issues with Assisted Reproduction technology:

Ethical Issues

  • Disposal of Surplus Embryo
  • Multiple implantations
  • Selective Reduction
  • Access of Assisted Reproduction technology to postmenopausal women

The above-listed concerns are not restricted to one nation. But to all the places where these processes are in practice.

From the non-consensual donation of embryos to the Disposal of embryos, all the above-listed points are ethically disconcerting, particularly to those who believe that protected human life commences at conception.

Legal Issues

  • Paternity disputes in cases of no written consent from another partner.
  • Disputes can also arise over the fate of cryopreserved gametes and embryos.
  • Unregulated surrogacy.
  • Disputes between ART practitioners and the patients they serve.

All the above legal and ethical issues are quite serious. Although governments are trying to resolve these issues, the reality is this subject needs regular updation of regulations based on the situation.

The following are the few considerations that need to be taken care of.

Ethical & Legal Consideration in ART

  • Clinics should be registered or supervised by the state accreditation.
  • Legal Guidance should be Clear.
  • It is essential to ensure that children’s rights are built into standards from the beginning so that legal advocacy is avoided later on.
  • In a surrogacy agreement, each party is to state their intentions and their responsibilities to one another.
  • The surrogacy agreement should also cover the following medical issues: abortion, selective reduction, medical emergencies, embryo transfers, and most importantly, the surrogate’s health care.
  • Sperm or ovum donors’ consent should be a must for lawful donation.

These are just a few considerations that are important to understand for both patients and the doctor.

Our infertility online course can be a great help for students interested in improving their diagnostic capabilities and medical skills for managing patients with infertility and enhancing their knowledge of IUI techniques.

Enroll in Our online course Now!

We will cover the basics of infertility & IUI because if your basics are clear, you will master the art of focusing on the practical and clinical aspects of infertility and IUI.

This course compiled infertility & iui video lectures to help you understand things better.

Moreover, we provide concise notes to help the candidates review the main points covered during the lectures.

In short, by pursuing this course, individuals can improve their diagnostic capabilities and medical skills for managing infertility patients and enhance their knowledge of IUI techniques.

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