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Bringing a human-centered approach to emerging medical tech and health law research

Dr. Kathleen Hammond’s groundbreaking research spans health law and policy, science and technology law, as well as gender and families.
December 09, 2024
Illustration showing a woman holding hands around imaginary baby

Image Credit: Lydia Li

Canadians are increasingly turning to assisted reproductive practices to build their families or preserve their fertility, but little is known about the experiences of surrogates, intended parents, egg donors and people who freeze their eggs.

Exploring the legal and ethical dilemmas related to emerging medical technologies and reproductive health is a critical area of research for Prof. Kathleen Hammond, who serves as the Director of the Health Law and Innovation Research Group at the Lincoln Alexander School of Law.

In particular, Hammond specializes in the realm of assisted reproductive technologies including egg, sperm and embryo donation, along with surrogacy and egg freezing. Her work addresses how the legal frameworks surrounding these technologies should evolve with a rapidly changing society, and how we can take a more human-centered approach to lawmaking.

“The business of egg freezing is steadily growing and is being aggressively promoted as insurance to be able to have children later in life, but we are lacking data on how likely people are to conceive and have a live birth if they use those frozen eggs later on," said Hammond. “This is an under-regulated area that brings about many possible legal and ethical issues.”

While Hammond believes that assisted reproductive technologies are important, as they allow people, especially those who might not otherwise be able, to grow their families, there are concerns about the for-profit private enterprises that are making these technologies and techniques available. The sector is ripe for potential conflicts of interest and the possibility for patient care to be compromised by profit motivations.

Supporting women’s reproductive health

Women’s reproductive health remains a vastly under-researched area, and has long been overlooked in the medical field. Hammond cites the lack of research on the egg freezing process in Canada, particularly regarding consent, side effects, and clinic practices.

“There haven’t been any interviews or studies in Canada on people’s experiences with egg freezing. Nothing is recorded about how clinics are treating potential and actual patients, what consent processes clinics have in place, and what side effects people experience after the procedure. How are we supposed to inform any regulations if we don’t know what people’s experiences are?”

Under Hammond’s leadership, the Health Law and Innovation Group hosted leading researchers at the Lincoln Alexander School of Law this past October for a pivotal workshop and panel discussion titled, “Assisted Reproduction in Canada: Research Notes from the Field.” 

Along with Hammond, Prof. Stefanie Carsley (University of Ottawa), Prof. Alana Cattapan (University of Waterloo), Prof. Vanessa Gruben (University of Ottawa), and Anya Johnson Poon presented the early results and insights from their ongoing research studies related to the governance and ethics of assisted reproductive practices - and in particular, the experiences of individuals who have engaged in surrogacy, egg donations, and egg freezing. Hammond’s research on elective egg freezing reveals that informed consent for elective egg freezing relies on an unstandardized patchwork of information sources and that clinic consent materials do not adhere to minimum elements of disclosure for consent for elective egg freezing.  

This research is groundbreaking in Canada, where little qualitative data exists on people's lived experiences with these technologies. These SSHRC-CRSH-funded studies, which are the first of their kind in the country, seek to inform law, policy-making, and clinical practices.

An interdisciplinary approach to research

Family law is another key component of Hammond’s work in reproductive health, especially in terms of disputes involving embryos, sperm, and eggs. Her research also examines genetic testing, and particularly concerns around genetic privacy and discrimination. Along with her team, Hammond is investigating how companies like 23andMe collect genetic data and the legal implications of this practice. 

As an interdisciplinary scholar, Dr. Hammond’s work reflects her training in law, sociology and gender studies. Prior to studying law, she completed her PhD in Sociology with the Reproductive Sociology Research Group as a Commonwealth Trust scholar, and an MPhil in Gender Studies as a Gates Cambridge scholar - both at the University of Cambridge.

“Because my background is in sociology and gender studies, the way I approach the law and the research that I do is very people-oriented,” said Hammond. “It helps me to bring a different lens to my work.”

She also believes that her unique and perhaps unconventional journey to the legal profession was instrumental in informing the field of law she has chosen to pursue.

Hammond enjoyed an early career in policy development for organizations like the World Health Organization before deciding to pursue law school. After completing her graduate education at the University of Cambridge, Hammond returned to Canada to complete her civil and common law degrees at McGill University. Following graduation, she became a postdoctoral fellow with the Research Group on Health and Law at McGill and a visiting scholar with the Petrie-Flom Center for Health Law and Policy at Harvard University.

Having lined up a judicial clerkship after her postdoc, Hammond came across a job posting for a role as an assistant professor at the Lincoln Alexander Law. Although she hadn’t considered immediately joining the legal academy, she had a change of heart. The prospect of helping to build a new law school was an exciting one. It was an opportunity that she didn’t want to pass up.

Looking ahead, Hammond enjoys teaching and learning from her students, and plans to continue engaging with under-researched health issues facing women and the LGBTQ2S+ community including reproductive health, access issues for abortion, and barriers to accessing gender-affirming care.

“Through my research, I’ve seen firsthand how urgently the law needs to change to reflect people’s lived realities. I feel really lucky to be part of this work.”