http://www.theglobeandmail.com/news/national/calgary-fertility-clinic-in-spotlight-over-policy-to-restrict-donations-to-patients-of-same-ethnicity/article19813167/
Calgary fertility clinic in hot water after refusing to help with mixed-race babies
A Calgary fertility clinic is at the centre of an ethical and
political controversy after it refused to help a woman become
impregnated with sperm from a donor who did not share her skin colour.
The
Regional Fertility Program, a privately owned company that is the only
facility of its sort in Calgary, said in a statement on Monday that one
of its doctors was voicing his own opinions when he told a single
Caucasian woman seeking in vitro fertilization that she could receive
sperm from only white donors.
The clinic went on to say that a ban on creating mixed-race babies
that was in place for decades was removed last year, but the website was
not properly updated to reflect the change.
Monday’s statement
that the clinic had revised its approach did not come until after the
old policy had received a strong rebuke from federal government and
fertility experts across the country. The incident also highlighted the
fact that fertility clinics in Alberta and other parts of Canada are not
regulated and that the doctors who work in them set their own
parameters.
Matt Gysler, the past president of the Canadian
Fertility and Andrology Society, says fertility doctors “essentially
write their own rules and then the clinic, which is maybe a group of
physicians, will rewrite their own rules and then agree to practice in a
similar way.”
But the doctors are governed by the standards of
their provincial colleges of physicians, Dr. Gysler said. “That’s a very
strong protection.”
The Calgary doctor who told the woman he
would not help her conceive a mixed race baby was Calvin Greene, the
clinic’s administrative director. He told the Calgary Herald last week
that the policy against mixing races had been in effect since the 1980s
and he believes it is better to raise children who resemble their
parents.
“I’m not sure that we should be creating rainbow families
just because some single woman decides that that’s what she wants,” Dr.
Greene said. He went on to say the clinic’s approach is consistent with
the spirit of Ottawa’s Assisted Human Reproduction Act, which
discourages doctors from helping create “designer babies.”
But
federal Health Minister Rona Ambrose disagrees. “Our government believes
that discrimination in any form is unacceptable,” her spokeswoman said
on Monday. “Race is not a part of the Assisted Human Reproduction Act.”
Alberta
Health Minister Fred Horne said the controversy at the Regional
Fertility Program in Calgary, which is a private clinic that receives no
funds from his government, has raised some important questions for
Alberta as it explores the possibility of paying for in vitro
fertilization.
“This is a good example of how some of these
decisions are actually complex and they involve ethical considerations
that really have to be worked through,” Mr. Horne said.
The federal Assisted Human Reproduction Act was gutted after the
Supreme Court ruled in 2010 that the provinces have the jurisdiction to
regulate fertility clinics. The act continues to prohibit some practices
such as creating hybrids of human and animal life forms, but it is
largely left up to fertility doctors to decide what procedures are in
their patients’ best interests.
That can be a difficult situation,
said Shawn Winsor, an ethicist at the LifeQuest Centre for Reproductive
Medicine in Toronto, because they are considering what’s best for
someone who has not been conceived. Society has to get better at helping
doctors make these decisions, Mr. Winsor said.
Gloria Poirier,
the executive director of the Infertility Awareness Association of
Canada, which was created to help Canadians with reproductive issues,
said the Calgary clinic’s old policy was entirely inappropriate.
“Clinics
are private, they have standards, they have best practices, they have a
code of ethics, and ... this is not something that’s ethical,” Ms.
Poirier said. “We certainly don’t support that.”
And Sara Cohen, a
fertility law attorney in Toronto, said she assumes the clinic had good
intentions and was looking out for what it considered to be the best
interests of the child. “But it is inappropriate for a clinic to make
greater social policy for a province,” Ms. Cohen said.
Some
patients said the policy is not a concern because they are so focused on
making their parenthood dreams come true or because they already
planned to pick someone of the same race to protect their own privacy.
One
couple, who asked to remain anonymous because because not all of their
friends know about their personal history, said they were told about the
policy at the Regional Fertility Program when they went for treatment a
couple years ago, but were not bothered.
“We didn’t have a
problem with it because we wanted to keep it pretty private and have
kids that look as much like us as possible,” one of the parents said.
“We were kind of in our own little bubble.
“I can see why some people would be bothered by it.”
With reports from Tu Thanh Ha in Toronto and Allan Maki in Calgary
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Carrie Tait @CarrieTait,
Gloria Galloway @glorgal