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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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The treatment of infertility poses many controversial issues, ranging from religious<br />

objections to questions of fraudulent inducement by unscrupulous fertility clinics that<br />

misrepresent their actual success rate. Infertility treatment has become a big business<br />

as the number of couples defined as infertile has increased. Some of this increase is<br />

related to the increased age at which many women attempt to conceive their first child.<br />

This delay shortens the period available to have children. Women who might have<br />

conceived by age 35 if they had begun trying to have children at age 20 are out of time<br />

if they start trying to conceive at age 35. Modern birth control methods allow women<br />

to be sexually active without becoming pregnant. This increases the probability that the<br />

woman will suffer complications of a sexually transmitted disease (STD) that will<br />

impair her fertility. Perhaps the greatest increase in infertile couples has come from a<br />

more liberal definition of infertility.<br />

Current statistics indicate that more than 14% of couples who desire a child are unable<br />

to conceive within a year. [ACOG Technical Bulletin 120. <strong>Medical</strong> Induction of<br />

Ovulation. September 1988.] It is recommended that fertility treatment not be started<br />

(in the absence of a specific problem) until the couple have tried to conceive without<br />

using birth control for one year. [ACOG Technical Bulletin 142. Male Infertility. June<br />

1990.] This is considered a conservative time period <strong>and</strong> was recommended because<br />

some fertility clinics were beginning treatment only a few months after a couple had<br />

begun to try to conceive. In earlier periods, however, a couple would not see<br />

themselves as having a medical problem until they had tried to conceive for several<br />

years. It is impossible to know how many of the 14% who did not conceive in a year<br />

would eventually conceive without intervention. Thus, it is impossible to determine<br />

what component of the infertility epidemic represents changed expectations <strong>and</strong> the<br />

ready availability of fertility services for those able to pay for them.<br />

1. Patient Privacy<br />

When genetic counseling a pregnant or potentially pregnant woman, the physician<br />

should include her husb<strong>and</strong> or other family members only at her request. Violating<br />

the patient’s privacy can have devastating results. Legal <strong>and</strong> social paternity do not<br />

necessarily imply biologic paternity. Although it would be proper to discuss these<br />

matters with the patient, this type of information should not be disclosed to others.<br />

If the patient is a child, the situation is somewhat different. A father <strong>and</strong> mother who<br />

are married to each other have equal authority over their children. If the legal father<br />

does not question his biologic paternity, there is usually no problem. If a father asks<br />

whether he is the child’s biological father, a physician should be cautious. Both<br />

mutation <strong>and</strong> test variability can confound any genetic test of paternity. It is better to<br />

address the question of whether the child has a genetic disease than whether the<br />

disease came from the man asking the question.<br />

2. Fitness<br />

Although treating infertility is undoubtedly a medical benefit in many cases, there are<br />

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