In vitro fertilization: a cross-sectional analysis of 58 US insurance companies

Ha, Michael; Drees, Abigail; Myers, Madalyn; Finkelstein, Emily R; Dandulakis, M.; Reindorf, Maxine; Roque, Dana M.; Beall, Stephanie A; Rasko, Yvonne M.

doi:10.1007/s10815-022-02697-5

Cited by 3 publications

(1 citation statement)

References 15 publications

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“…Marriage is a spiritual and physical bond between a man and a woman with the aim of establishing a lasting and happy family based on the belief in the Almighty (Law Number 1 of 1974 concerning Marriage, Article 1). Each individual is born with diverse forms and characteristics to complement one another (Ha et al, 2023;Mainguy et al, 2022;Widayati & Pangestu, 2020). Living in matrimony is a natural demand for humans as social beings.…”

Section: Introductionmentioning

confidence: 99%

The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion

Dermawan

2024

law

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The purpose of marriage includes the desire to have offspring; however, not all married couples achieve this, often due to primary health issues. Expert doctors, armed with knowledge and technology, have discovered a method in the process of reproduction known as in-vitro fertilization (IVF). This discovery serves as a solution for married couples facing health problems. IVF is a process where egg fertilization by sperm occurs outside the female body, utilizing a fertilization tube. The resulting valid fertilization is then implanted in the wife's womb, from where the egg originated. The legal regulations for IVF are based on Law Number 36 of 2009 concerning health. Assisted pregnancy efforts can only be undertaken by legally married couples, meeting specific criteria such as fertilization materials originating from the husband and wife, with the implantation performed by authorized healthcare professionals at designated facilities. If these conditions are met, the offspring resulting from IVF is considered the biological child of the married couple. However, new challenges arise when the IVF process is conducted after the husband's demise, particularly in determining the lineage and civil rights status of the child or baby born through this process. To address these new challenges, this research aims to understand the legal status of posthumous IVF implementation and the lineage and civil rights status of children born through this process. The research is conducted through a literature review, utilizing a normative approach, with data collection from primary and secondary sources. The research findings indicate that the lineage and civil rights of a child born through posthumous IVF can be established with evidence from the biological father, demonstrated through scientific and technological means or other legal evidence establishing a blood relationship, as highlighted in Constitutional Court Decision No. 46/PUU VIII/2010.Keywords: In-Vitro Fertilization (Bayi Tabung), Legal Certainty, Civil Rights.

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Section: Introductionmentioning

confidence: 99%

The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion

Dermawan

2024

law

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What is the status of insurance coverage for fertility services in the United States by large insurers? A patchwork system in need of repair

Letterie

2023

J Assist Reprod Genet

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Legal Case Study of Severe IVF Incidents Worldwide: Causes, Consequences, and High Emotional, Financial, and Reputational Costs to Patients and Providers

Murphy,

Collins

2024

North American Proceedings in Gynecology &Amp; Obstetrics

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Background In light of the changing legislative and regulatory landscape concerning reproductive rights and fertility treatments worldwide and a growing number of patients who use assisted reproductive technology (ART)/in vitro fertilization (IVF) treatments to overcome their reproductive challenges (cancer patients, those needing genetic screening, members of the LGBTQIA+ community, and patients who have trouble conceiving naturally) and achieve their family-building goals, ART/IVF clinics face numerous operational and legal challenges, which come at great emotional, reputational, and financial costs to patients and providers. Objectives Fertility treatment related incidents and resulting legal cases vary in severity, scope, and outcomes. Local legal and regulatory environment for patients and ART/IVF providers increase the complexity. The authors aimed to identify the causes of lawsuits against ART/IVF providers and how legal outcomes varied between cases. Study design The data on U.S. IVF incidents was collected from Lexis Nexis, Westlaw, Bloomberg Law, and CaseLaw databases, newspaper and magazine articles, legal reviews, peer-reviewed journals, and online publications. For international cases, HFEA reports, and industry and online publications were queried. The searches were not time restrained but was carried out from January 2022 to April 2023. RESULTS Two hundred five IVF incidents (84.9% U.S., 2.9% U.K., 12.2% other), excluding large-scale tank and alarm failures and power disruptions, which affected 307 people (79.8%, 3.3%, 16.9%) and/or 258 specimens (84.5%, 2.7%, 12.8%), resulting in 76 lawsuits (65.8%, 7.89%, 26.3%) were identified worldwide, and categorized by error types. Specimen mix-ups were the most prevalent type (95.0%). Meanwhile, ten failed storage and alarm incidents caused most damage, affecting >1800 patients and >8100 specimens, and resulting in 181 initial lawsuits. CONCLUSIONS Overreliance on manual protocols, irregular/skipped audits, and human error were responsible for IVF incidents reviewed. Damaged, destroyed, or lost embryos and embryo transfer to the wrong recipient have lifelong devastating effects on patients, for many of whom IVF was their last chance for parenthood due to cancer treatment, infertility, and/or age. To complicate the cases, embryo mix-ups resulted in custody disputes over the newborn child(ren), as in Manukyan v. CHA Health Systems, and loss of identity in children and parents. U.S. babies born to embryo mix-ups are reunited with their genetic parents, following the legal precedent of Perry-Rogers v. Fasano. Many countries, however, grant the custody of the child(ren) to birth parents. Most lawsuits were dismissed or settled. The combination of changing abortion and personhood laws in several states of the US can further complicate the issue, as they might put patients and providers in legal jeopardy, following routine ART/IVF procedures. This may include preimplantation genetic testing, short- and long-term embryo storage, and embryo disposal. These state laws will limit patient options and restrict ART/IVF clinic operations. Owing to all these factors, in this study, we can only make educated estimates about the true scope of the issue and its financial cost to ART/IVF providers, which might range from thousands to millions of USD. Lawsuits also come at a great reputational cost for patients, their families and providers, so the latter might benefit from embracing digitization of records, automation, robotics, and AI as a standard of care in their practice.

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In vitro fertilization: a cross-sectional analysis of 58 US insurance companies

Cited by 3 publications

References 15 publications

The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion

The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion

What is the status of insurance coverage for fertility services in the United States by large insurers? A patchwork system in need of repair

Legal Case Study of Severe IVF Incidents Worldwide: Causes, Consequences, and High Emotional, Financial, and Reputational Costs to Patients and Providers

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