Conflicts of Interest and Effective Oversight of Assisted Reproduction using Donated Oocytes
Document Type
Article
Publication Title
Journal of Law, Medicine and Ethics
Abstract
The practice of oocyte donation continues to receive wide attention for the many ethical and legal challenges it raises, including the potential for conflicts of interest (COI) and/or commitment (COC) by physicians, clinics, or oocyte donor agencies and the resulting implications of these conflicts for oocyte donors and clinical practice. The interrogation of conflicts in the practice of oocyte donation was first introduced over a decade ago, but much has changed in the field since that time. The growth in popularity and acceptability of oocyte donation has increased the stakes of finding and maintaining an adequate oocyte supply and, in turn, has underscored a need to understand and (where appropriate) minimize conflicts. Moreover, a growing and changing body of professional guidelines, legal challenges to professional self-regulation, and empirical research on the practice of oocyte donation all call for renewed attention to the issue. To this end, we first consider conflicts in medicine generally and key features of oocyte donation that may lead to conflicts, while situating this discussion in the context of the current state of regulation of oocyte donation in the U.S. We then explore what empirical data tells us about potential conflicts in four key aspects of the contemporary practice of oocyte donation: recruitment, screening, oocyte retrieval, and monitoring of donors. After identifying the range of potential conflicts that might arise across the stages of the oocyte donation process, we argue that improved oversight is needed to minimize the potential impact of conflicts on oocyte donors’ health and safety. We then consider various regulatory mechanisms avail- able to address conflicts in medicine generally (including prohibition, mediation, and improved self-regulation models) and examine the benefits, shortcomings, and unique attributes of each model with respect to oocyte donation. We conclude by recommending specific measures to improve professional self-regulation and conflict disclosure efforts by clinicians, fertility clinics, professional societies, and oocyte donor agencies to mitigate potential harms to donors posed by conflicts in oocyte donation.
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Publication Date
2015
Recommended Citation
Blake, Valarie and McGowan, Michelle and Levine, Aaron, Conflicts of Interest and Effective Oversight of Assisted Reproduction Using Donated Oocytes (October 2, 2015). Journal of Law, Medicine and Ethics, Vol. 43, No. 2, 2015.