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Legal aspects of the in-vitro fertilization of human eggs are discussed by a practising solicitor involved in opening a private clinic. The nature of legal contracts, research protocols and consent forms for patients are discussed. The rights of the embryo are considered in relation to the patient, freezing and research.
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Explore the source record for details and available documents.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
This Act provides that a person may not carry out an in-vitro fertilization procedure except as part of one of three in-vitro fertilization programs operated by certain named institutions. The Act defines in-vitro fertilization procedure to mean any of the following: "a) the removal of a human ovum for the purpose of fertilization within or outside the body; b) storage of any such ovum prior to fertilization; c) the fertilization by artificial means of any such ovum within or outside the body; d) the culture or storage of a fertilized ovum outside the body; e) the transference of a fertilized or unfertilized ovum into the body." This summary takes account of an amendment introduced by the In Vitro Fertilization (Restriction) Act Amendment Act, 1987 (No. 83 of 1987), 27 November 1987.
The Court held that a private insurance company must pay for the second and third attempts at in-vitro fertilization made by an insured couple. It ruled that, although the insurance company must have regard to the community of insurance holders as a whole and in-vitro fertilization is not vitally necessary to health and well-being, nonetheless, payment for the two further in-vitro- fertilization procedures is not unreasonable.
The plaintiff decided to undergo in vitro fertilization after having two ectopic pregnancies and surgery to remove her fallopian tubes. She requested payment for the in vitro fertilization, but her insurance company refused. On appeal from a cantonal court decision ruling against her, the Federal Insurance Court held that infertility was a medical condition and that an insurance company is required to pay for the treatment of medical conditions. However, it also concluded that in vitro fertilization is not a scientifically recognized treatment for infertility and thus insurance companies are not obligated to pay for it. It based its conclusion on the fact that the procedure is still at a developmental stage, that the success rate is low, and that it entails a risk of other medical complications.
The plaintiff sought reimbursement for the costs of an in vitro fertilization procedure which resulted in her conceiving a child. When her insurance company refused reimbursement, she brought suit claiming that the procedure was covered by her insurance policy. The Court ruled in favor of the insurance company, holding that an vitro fertilization procedure was not "medically necessary" within the meaning of the insurance policy because the plaintiff's infertile medical condition was in no way reversed or cured. It reached this decision despite the fact that the insurance company had previously paid for out-patient and in-patient surgical treatment designed to repair the plaintiff's fallopian tubes.
The oocyte cryopreservation is more promising than embryo freezing in clinical applications, preservation of female fertility,legal and ethical aspects in this decade. The redundant oocytes retrieved from IVF cycles can potentially donate oocytes, which have unique advantages in economy and feasibility. We have achieved success in embryo freezing, but just obtained poorer results in oocyte cryopreservation which was mainly because of the low rates of survival, fertilization, and cleavage. The character of the plasma membrane and the time of cortical granules present at the metaphase of meiosis II with the spindle system consist of the major difference between oocytes and embryos. Moreover, the oocytes should be fertilized by sperm at the appropriate time. We used a refined slow freezing method to improve the survival rate and increased sucrose concentration to dehydrate oocytes. Vitrification was another approach to prevent harms. Besides, intracytoplasmic sperm injection was used to overcome possible zona hardening after the release of cortical granules. Oocytes after cryopreservation showed serious disturbances of the microtubules immediately after thawing as they were vulnerable to the thermal changes and easy to depolymerize. Fertilization of these oocytes with disorganized spindles led to chromosomal aneuploidy, digyny, and degradation of the cleavage rate. We can improve cryopreserved oocytes to normal fertilization and development by appropriate incubation and timing of insemination, as the microtubules repolymerize in a time dependent way after incubation which is compatible with recovery of the spindles. With the improvement of survival, fertilization, and development, oocyte cryopreservation will play an imperative role.