Greater oversight of Canadian fertility industry needed, says new research
December 9, 2024 (TORONTO) – New research by Toronto Metropolitan University law professor Katie Hammond has found that the treatment of egg donors at private fertility clinics in Canada is contrary to the Canadian Medical Association’s Code of Ethics.
Hammond’s research found that medical professionals working at some fertility clinics failed to communicate information accurately and help their patients assess the risks of egg retrieval procedures. This affected egg donors’ ability to provide informed consent for the donation of their eggs.
Hammond also found fertility clinics engaged in practices that were not in the best interest of their patients. These included stimulating donors to produce large quantities of eggs beyond the recommended number. Fertility clinics were also found to be soliciting additional egg donations from former patients. One woman in the study provided eggs 15 or 16 times, well above the Canadian Fertility and Andrology Society’s recommendation for no more than six retrievals.
“There's a certain coercive element to that,” says Hammond. “If a clinic calls you saying they have another set of parents who really want to get pregnant but they need donor eggs, that could get you to do something that you might not otherwise do.”
The fertility and assisted reproduction industry in Canada falls largely under private health care. While there is significant money to be made in the industry, there is little legal oversight to ensure the protection and care of patients.
Canada’s Assisted Human Reproduction Act does not include legislation regarding the care of people using assisted reproductive services. The Canadian Medical Association and the Canadian Fertility and Andrology Society offer guidelines but there is no recourse for patients if those guidelines are broken. This leaves regulating the fertility industry to self-regulating bodies such as provincial colleges of physicians.
“There is a huge increase in the number of people who are accessing fertility treatments across Canada,” said Hammond. “Having an awareness of what’s going on in these clinics is important whether you're an egg donor, an intended parent, a surrogate or a sperm donor.”
Hammond recommends provincial physician colleges create practice guides related to assisted reproduction, which would open an avenue for patients to file complaints if they are mistreated. She also recommends colleges develop informed consent rules specifically for assisted reproduction procedures.
The Business of Egg Transactions and Need for Improved Regulation of the Fertility Industry in Canada (external link) was published in the Alberta Law Review in October 2024.
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About Toronto Metropolitan University
Toronto Metropolitan University is Canada’s leader in innovative, career-oriented education. Urban, culturally diverse and inclusive, the University is home to more than 48,000 students, including 2,900 Master’s and PhD students, 4,000 faculty and staff, and over 225,000 alumni worldwide. www.torontomu.ca
About Katie Hammond
Katie Hammond is an assistant professor in the Lincoln Alexander School of Law. Her research spans health law and policy, science and technology law, and gender and families. Her research explores the dilemmas – legal and otherwise – that are posed in the wake of new medical technologies and their resulting markets. In particular, she specializes in the area of assisted reproductive technologies (including egg, sperm and embryo donation, surrogacy and egg freezing) and new genetic testing technologies.