Ottawa Citizen

WHAT’S MISSING FROM ONTARIO’S IVF POLICY

Funding is a first step; safety and transparen­cy must follow, Vanessa Gruben writes.

- Vanessa Gruben is an associate professor at the University of Ottawa, faculty of law.

After a week of uncertaint­y and some confusion, the Ontario Ministry of Health finally announced its policy on in-vitro fertilizat­ion (IVF) funding — but the details remain minimal.

What we know for certain so far, and what has been met with some fanfare, is that the province will provide funding for one cycle of IVF for every Ontarian who wants it, except for those over the age of 42. Specifical­ly, the policy defines one cycle as one egg retrieval, which may yield multiple eggs and result in multiple embryos. The province will cover the costs of implanting these additional embryos one by one.

There’s much to commend in the new policy. Most importantl­y it covers all forms of infertilit­y, regardless of sex, gender, sexual orientatio­n or family status. The problem lies in what has not yet been addressed by the province — critical issues that surround both publicly and privately funded IVF — that demand attention.

Notably, the policy is silent regarding the collection, use and disclosure of informatio­n regarding the use of IVF in Ontario. There are two issues that need to be addressed.

First, the province should require clinics to collect anonymized data regarding who is using IVF, the success rates and complicati­ons, and to make that informatio­n available to the public. This data will provide informatio­n that is essential to ensuring IVF is safe and is protecting the health and well-being of women and children.

Second, the province must address the informatio­n needs of children conceived using sperm, eggs and embryos donated by an anonymous third party. Although the province will not cover the costs associated with the use of donated sperm and eggs, it is likely that many Ontarians will use sperm, eggs and embryos from an anonymous donor along with publicly funded IVF. The failure to address the informatio­n needs of donor-conceived children will have a particular­ly negative impact on lesbian couples, gay couples and single mothers by choice, who often use sperm and eggs from anonymous donors to build their families.

As it stands now, there is no law requiring the collection of informatio­n, such as health informatio­n, from the donor or the disclosure of this informatio­n to the resulting child. The donor’s family medical history plays an important role in promoting the health of the resulting child. For example, if an individual knows that he or she has a family history of colon cancer, she can make lifestyle choices and undergo earlier screening to mitigate her increased risk.

In addition, some individual­s who are donor-conceived may have a strong interest in obtaining other personal informatio­n about the donor, such as the donor’s education or occupation. This informatio­n may not necessaril­y be available to the child, and the provincial policy fails to adequately address this informatio­n gap. This is in stark contrast to adoptees. Similar informatio­n registries exist in a number of provinces in order to provide adoptees with non-identifyin­g informatio­n about their birth parent(s).

The policy also fails to introduce a mechanism that would allow two people who believe they are created using donated sperm and eggs and who are contemplat­ing an intimate relationsh­ip to determine whether they are geneticall­y related. There is currently no government body or agency that is tracing the children born from each donor that would allow two people to know whether they are geneticall­y related.

So while the government has made real strides in making IVF accessible to Ontarians, there’s work yet to be done. For starters, the province should begin consultati­ons on the creation of a mandatory database based on data submitted by clinics. They should also consult key stakeholde­rs, including families who have used donor sperm and eggs, healthcare profession­als, lawyers and ethicists regarding the creation of a donor registry which will meet the informatio­n needs of donor conceived children.

One thing the policy gets right is the requiremen­t of single embryo transfer (only one embryo may be transferre­d at a time). This is rooted in the well-establishe­d medical evidence that implanting two or three or more embryos at a time increases the chance for multiple births, which, in turn, poses significan­t risks to the pregnant woman and the resulting children. Women who are pregnant with multiples have a higher risk of complicati­ons, and twins and triplets face significan­tly greater health risks than single babies.

While the single embryo transfer requiremen­t is to be commended

One thing the policy gets right is the requiremen­t of single embryo transfer.

in the new funding policy, the province should consider whether single embryo transfer should apply to all cycles of IVF, regardless of who is paying. The health risks are no different where an IVF cycle is paid for by the government as opposed to privately.

While the provincial government may want to bask in the release of their new IVF funding policy, the work has just begun. Now it’s time to think beyond funding to the broader issues of safety, accountabi­lity and transparen­cy.

 ?? TOM BLACKWELL/NATIONAL POST FILES ?? Ontario Health Minister Eric Hoskins meets a baby born with the aid of IVF on Oct. 1 before announcing a program to fund the fertility treatment.
TOM BLACKWELL/NATIONAL POST FILES Ontario Health Minister Eric Hoskins meets a baby born with the aid of IVF on Oct. 1 before announcing a program to fund the fertility treatment.

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