Clinics & Hospitals
Medical Consent
Medical Consent
All Clinics will require that the participants in an assisted reproductive technology arrangement sign the appropriate medical consent. The consent(s) will be tailored to the particular assisted reproductive procedure that applies.
- For example, whether it be in vitro fertilization, ICSI, assisted hatching, and so on.
Generally, there will be language in the consent(s) which will require the patient(s) to confirm that:
- They have been fully explained the procedure
- They understand the risks and benefits associated with the procedure, examinations and drug therapies that are involved
- All their questions have been answered to their satisfaction.
Consent(s) with respect to the creation of embryos will also generally deal with what is to be done with unused embryos, including the situation of separation or divorce of the couple involved in creating the embryos.
Regulations under section 8 of the Assisted Human Reproduction Act (the “Act”) became law at the end of 2007.
The Regulations set out the specifics of the type of written consent a person needs to provide before making use of human reproductive material , including sperm, ova and embryos. Various consent(s) can be withdrawn in writing, but only under certain circumstances, depending on whether or not the sperm, ova or embryos are to be used for the donor’s own purposes or reproductive use of a third party.
As an experienced fertility lawyer, Shirley has the knowledge and insight to:
a) Assist Clinics wishing to create new consents, or revise current ones
b) Assist patients who wish to review the consent(s) with a lawyer before signing so as to understand the legal issue(s) involved.
c) Assist people embarking on co-parenting with a friend and require an agreement or consent.
d) Assist people separating with respect to unused embryos, sperm or ova.
If you have questions or want to learn more, contact Shirley Levitan.
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