Professional Documents
Culture Documents
A N S W E R S A B O U T
The New York State Task Force on Life and the Law was created in
1985 to develop public policy on issues arising from medical advances. Task
Force members include leaders in the fields of law, medicine, nursing,
philosophy, consumer rights, religion and ethics.
1
TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DEFINING INFERTILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
What is infertility?
3
TABLE OF C O N T E N T S
Success Rates
Can a program predict whether I’ll become pregnant?
Surgery
Should I undergo surgery?
Fertility Drugs
Should I use fertility drugs?
Intrauterine Insemination
Should I use IUI?
4
In Vitro Fertilization
Should I undergo IVF?
need to be made?
be recommended?
Will I be the legal mother if my baby was created with a donor egg?
5
TABLE OF CONTENTS
The Issue of Multiple Births
Why are so many twins born after infertility treatment?
Freezing Embryos
If all the embryos aren’t transferred, what happens to them?
infertility treatment?
IF TREATMENT FAILS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
When a cycle of infertility treatment doesn’t work,
RESOURCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Other Organizations
GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
NEW YORK STATE TASK FORCE ON LIFE AND THE LAW
Advisory Group on Assisted Reproductive Technologies . . . . . . . . . . . . . . . . . . 74
6
Introduction • Complications can harm people
who were in good medical
Every year, thousands of couples seek
condition before treatment began.
medical assistance because they want
When a donor provides the eggs,
a child and find it difficult to become
or a pregnancy is carried by a
pregnant or to carry a pregnancy to
gestational surrogate, treatments
term. The New York State Task Force
with significant risks may be
on Life and the Law created this
performed on people who will
guidebook because, in many ways,
have no direct medical benefit.
the treatment of infertility is even
more complex than other issues faced • Resulting children must be
by medical consumers. considered. If it works, treatment
results in the conception and birth
What makes infertility of children with rights and interests
treatment special? of their own.
• There are no clear medical answers. • Many patients will not have
Experts hold differing opinions about a successful outcome despite
all aspects of treatment. There are no treatment. Others will become
firm guidelines regarding when it pregnant without treatment.
should be recommended, what
• Laboratories have unique
diagnostic tests mean, and when
responsibilities. Infertility programs
treatment should be ended.
sometimes have longterm custody
• The treatment is expensive. of embryos.
Infertility treatments can cost
This guidebook suggests issues for
hundreds to tens of thousands
you to consider if you are facing
of dollars, depending on the
infertility and questions to ask
procedures used. Insurance does
before making important treatment
not generally cover all treatments.
decisions. A doctor has a professional
In addition, some fertility programs
responsibility to offer medical advice,
advertise moneyback guarantee
but only you can weigh all the
programs that are unique in
medical and personal information
medical treatment.
needed to arrive at a decision.
7
In this guidebook, specific medical More than 90 percent of couples will
procedures will be described in have achieved a pregnancy within
general terms only. It is important two years.
that you obtain and understand the
When an individual has no chance
details of any treatments. They will
to conceive without treatment
not be covered here because of the
(for example, a woman does not
variety of approaches used, and
ovulate or has two blocked
because this field of medicine is
fallopian tubes), it is sometimes
evolving rapidly. Likewise, the success
called sterility.
rates of various procedures change
over time and differ depending on Is infertility a male or
the patient and the program. female problem?
In the past, infertility was commonly
Defining Infertility considered to be solely a female
problem. It is now recognized that a
What is infertility?
couple’s infertility is just as likely to
Infertility is difficulty in conceiving
stem from problems in the male
a pregnancy. This general term does
partner. After couples with infertility
not identify the cause of the problem
undergo testing, about 40 percent of
or whether it will be permanent.
the cases are found to stem from
Often, physicians and researchers female factors and another 40
consider a couple to have infertility if percent from male factors.
they have not conceived, despite
In 10 percent of couples, infertility
regular intercourse without using birth
factors are found in both the man
control, for at least a year.
and woman. In the remaining 10
Fifteen to 20 percent of couples percent, the infertility remains unex
will not conceive despite a year of plained after testing.
trying. However, this does not mean
that they will not conceive later on,
even without treatment. Some
investigators consider two years
without conception to be a better
indicator of a couple’s need
for assistance.
8
Because either or both may be Generally, the diagnosis and
involved, it is important to test treatment is the same. However,
both the man and woman before couples with secondary infertility
starting treatment. No matter may make different treatment
what the cause, most treatments choices as they take into account
require the active participation of the needs of their other children.
both partners. Overall, treatments are somewhat
more likely to work
If I had a baby once,
in women with
can I be infertile
“My first baby
secondary
now?
was born at 36 – no
infertility than
Yes. Secondary
problem. I got pregnant
in women
infertility is the
the first try. But, three
who have
name given
years later, I didn’t
not previously
when the
get pregnant.”
become
problem arises in
INFERTILITY pregnant with
a couple who have PATIENT the same partner.
been able to get
pregnant in the past. Sometimes Couples with secondary
a new factor, such as an infection, infertility may wish to seek
has damaged the reproductive emotional support specifically
organs since the last child was geared to their concerns. These
born. Sometimes the aging process couples often report that they
makes it more difficult for a couple feel caught between two worlds.
to conceive, even if they had no They feel alienated from those
problems when they were younger. who easily create families of the
size they want, while at the same
Secondary infertility is even
time they are envied by childless
more common than infertility in
people with infertility.
couples who have never achieved
a pregnancy.
9
What causes infertility?
For a couple to conceive and carry a pregnancy, four parts
of the reproductive system must be working adequately:
10
Is infertility becoming Also, as women age, they are more
more common? likely to have had illnesses or medical
According to national data, there treatments that can compromise
has not been a major increase in fertility. Some of these affect the
the proportion of couples who are reproductive system directly, such as
infertile. However, many more women endometriosis, sexually transmitted
are seeking medical services for the diseases (STDs), surgery on the
diagnosis and treatment of infertility – reproductive organs, or ectopic
particularly those who pregnancies. Others are
have not previously
“The general medical problems
had any children.
office said they that can damage
don’t refer to infertil fertility, such as
ity specialists until a year hypothyroidism,
Does age
of trying. I said maybe they high blood pressure,
affect
shouldn’t wait that long diabetes and lupus.
fertility?
in someone who is 39,
In general, As they age, men may
and she agreed.”
women’s fertility also be exposed to
begins to decline IVF PATIENT infections, medications, or
gradually after age 30,
occupational or environmental
with a steep drop between 35 and 45.
chemicals that can impair fertility.
This means that, on average, it
However, they do not experience
takes longer for an older woman to
the same dramatic and predictable
conceive, and older women are more
agerelated decline as women.
likely to be diagnosed with infertility.
11
Couples must find a balance between transmitted diseases (STDs). STDs,
not allowing enough time for particularly gonorrhea and chlamydia,
conception and delaying too long can infect the reproductive tract and
(making treatment less likely cause blocked fallopian tubes or
to succeed). spermcarrying ducts.
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Getting the Diagnosis When should we seek
medical help?
What can we do before seeing
Most doctors advise you not to be
a doctor?
concerned unless you have been
While you are trying to conceive,
trying to conceive – not using
enjoy a healthful lifestyle. Take note of
birth control and having regular
the strategies for preventing infertility
intercourse around the time of
(above) and consider how – such as
ovulation – for at least a year.
smoking – you may be lowering your
chances to conceive. Tell your doctor Women with certain symptoms or
and pharmacist that you are trying to previous medical conditions may
get pregnant. They can tell you wish to seek medical advice earlier.
whether any prescription or over Some symptoms or prior conditions
thecounter medications, supple make fertility problems more likely,
ments, or herbal remedies you or and others may indicate a medical
your partner use could be disturbing condition that needs treatment for
your fertility or be dangerous to other reasons. Seek medical
use during early pregnancy. If so, advice if:
ask what alternatives are available. • You have lots of pain during
Avoid douching or using your menstrual period or
vaginal lubricants. during intercourse.
Even a couple with no fertility • You have an abnormal menstrual
problems have only about a one in cycle (less than 21 or more than 35
four chance of conceiving during a days from the first day of one cycle
single cycle. Maximize your chances to the first day of the next).
by having sexual intercourse regularly
during the fertile part of your cycle. • You are troubled by acne or excess
If you have questions about when facial or body hair.
you are most likely to conceive, • You have had pelvic inflammatory
ask a health care professional. disease (PID), an infection in the
An ovulation predictor (available reproductive organs, usually the
without a prescription) may help you fallopian tubes.
determine when you ovulate so you
can better time intercourse.
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• You have had surgery on your contraceptives used; pregnancies,
reproductive organs, such as a abortions or miscarriages;
cone biopsy of the cervix. pelvic surgeries; gynecologic
symptoms; and previous
• You have had “I infections. She will also
more than already had an be asked about her
one miscarriage. inkling it might be general medical
• Your partner hard for me to get history, medication
has an pregnant, because I had or recreational
abnormal one ovary removed as drug use,
sperm analysis. a teenager.” and chemical
EGG DONATION exposures.
PATIENT
Both partners should
What will happen
expect to answer frank
first?
questions about their sexual
Ideally, a couple will attend the first
histories and attempts to conceive.
medical appointment together. The
man and woman will be interviewed The initial physical exam is likely to
about many topics in order to deter focus on the hormonal system and
mine possible reasons that conception reproductive organs. Afterward,
has not occurred. A man may be further testing may be recommended
asked about his development at or you may be offered information
puberty; whether he has ever fathered and advice on attempting to
children, if he has had infections conceive before you undergo
or other illnesses, or any injuries or further evaluation.
operations involving his genitals; and
what medications he has used. He will How is the cause of infertility
also be asked about recreational drug identified?
use, and any chemicals to which he is An infertility workup will involve
exposed in his work or hobbies. tests to determine how well each of
A woman may be asked details about the systems involved in conception
her reproductive history, including is working.
her puberty and menstrual cycle;
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EGG PRODUCTION The tubes can also be observed
To determine if and when you are during a surgical procedure.
ovulating (producing and releasing a
CERVIX
mature egg during the menstrual
To determine whether sperm are able
cycle), you may be asked to chart
to swim through the cervix, a sample
your basal body temperature.
of cervical mucus is examined after
You will take your temperature
intercourse. If this postcoital test is
before getting out of bed each
abnormal, other tests may be ordered
morning. A slight, sustained rise in
to find out why. Doctors disagree
temperature is an indirect indication
about the usefulness of this test, and
that ovulation has occurred. You may
many couples conceive despite poor
also be asked to use an ovulation
results on a postcoital test.
predictor kit at home. Your doctor
may check various hormone levels on UTERUS
specific days in your menstrual cycle, The shape of the uterus is shown in
or monitor your body’s response to a an HSG. It can also be seen through a
dose of fertility medications. telescopelike device (hysteroscope)
inserted through the vagina and
SPERM PRODUCTION
cervix. An endometrial biopsy samples
A semen specimen will be analyzed
the uterine lining in the last half of
for the number of sperm, their
the cycle to see if it is prepared for an
shape and movement. If the results
embryo to implant. The thickness of
are abnormal, a man may be
the lining can also be measured
examined by a urologist or tested for
using ultrasound.
hormonal abnormalities or infection.
• Are a woman age 35 years or older. What if all our tests are normal?
• Have had a pelvic infection. In 10 to 15 percent of couples, testing
finds no reason for their reproductive
• Have not conceived in two years
difficulties. They are given the
despite normal test results.
diagnosis of “unexplained infertility.”
This does not mean that no reason
If you are already being treated by a
exists, just that testing has not
nonspecialist, request a referral or
revealed it.
ask that doctor when it might be
advisable to consult a specialist. If If you are told you have unexplained
your current doctor makes the referral, infertility, ask whether other tests
it may smooth the transfer of care might clarify the situation. You may
and exchange of information. Some want to seek a second opinion.
health maintenance organizations
Medical experts do not agree on the
(HMOs) do not include reproductive
best way to treat unexplained infertili
endocrinologists. Members may have
ty. Despite a few years of unexplained
difficulty obtaining a referral or having
infertility, some couples will conceive
a specialist’s services covered.
with no treatment at all, particularly
if they are younger. Other couples
How soon will we have are offered standard treatments, such
an answer? as fertility drugs and intrauterine
Testing will likely take more than a insemination (IUI), or in vitro
month. Some tests must be scheduled fertilization (IVF).
at a specific point in the menstrual
cycle. Others may require charting or
repeated testing over a few months.
18
In general, couples with unexplained than having a genetic connection with
infertility are at least as likely to the child they will raise – they may
succeed with these treatments as are wish to pursue adoption. Adoption
couples with a clear medical rationale allows them to raise children and
for their use. If you are considering become legal parents. Within adop
treatment for unexplained infertility, tion, various alternatives can be
ask your practitioner to compare your pursued. A couple may seek to adopt
chances of becoming pregnant with a healthy infant of their own race;
and without treatment. a child from another race and/or
country; an older child; a child with
Routes to Creating special needs; or more than one child
a Family from a family.
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Is it true that, if we adopt, considering adoption and unsuccess
we’re likely to get pregnant? fully tried medical treatments, only to
No. For couples who continue trying find they had passed many agencies’
to achieve pregnancy after adopting, age limits or no longer had the
the chances are the same as for financial resources to adopt.
couples who have not adopted. Adoptive parents suggest that you
This myth has been hurtful to couples begin to educate yourself about
facing infertility, both because it is adoption while you are informing
false and because it implies that yourself about medical approaches to
adoption is not a joyful outcome, but infertility. Talk to adoptive parents.
simply a means to another end. Read about adoption and attend
educational sessions by reputable
Can we pursue adoption and groups such as RESOLVE, the national
medical treatment at the infertility association. Gather unbiased
same time? information to dispel any myths
There is no best time to consider or assumptions you may have about
adoption. Some couples pursue adoption or infertility treatment.
adoption rather than undergoing any Some areas to research and
treatment. Others do not want to compare include:
consider adoption until they have
THE CHANCE OF SUCCESS
pursued all medical approaches.
Like medical treatment, the chance of
Still others pursue the two options
success with adoption depends on
simultaneously.
your personal circumstances (age,
In practical terms, it is not easy to health, etc.) and the resources you
actively pursue adoption and medical can invest. Most people can adopt.
treatment at the same time. Some It is untrue that it is no longer
adoption agencies will not accept a possible to adopt a healthy infant, but
couple who are still undergoing other adoption choices may make it
medical treatment. Both adoption possible to adopt sooner or at
and infertility treatments require a lower cost.
time, money, and flexibility on the
LEGAL AND MEDICAL RISKS
part of couples. However, couples
Varying degrees of medical
have described being extremely
information are available on
disappointed if they postponed
adopted children.
20
Medical treatment of infertility offers This will help you evaluate various
more control over a child’s prenatal options (medication, IVF, donor eggs
and early medical care. or semen, gestational surrogacy, no
treatment, adoption) and ensure that
However, the treatments are also
you and your doctor understand each
associated with a higher risk of
other’s attitudes towards various
multiple births, which can result
approaches – although you may
in children with serious medical
certainly change your mind along
problems. Legal issues must be
the way. For example, a doctor who
addressed in adoptions as well as
knows how important you consider
in many fertility situations involving
experiencing a pregnancy, or who
frozen embryos or the use of donor
understands your religious beliefs
semen, eggs
about the use of donor eggs and
“I was on two
or embryos.
semen, will be better able to help you
adoption lists while
Expenses assess your options. A doctor offering
I was doing the
The cost of infertility treatment should respect
inseminations, and I
said whichever adoption and that a medical approach is not right
happens first is fine.” infertility are for every couple.
DONATION INSEMINATION highly variable.
PATIENT The assistance you
will receive for medical
care will depend on your insurance
coverage, employee benefits, and “Adoption should
tax planning.
the physician needs to take
22
Current or former patients can wellpublicized unethical, and even
describe the emotional ups and criminal behavior of a few doctors.
downs, physical side effects and
Make sure you know the experience
impact on daily life. The experience
and credentials of the doctor who
of other couples can also alert you
will be treating you. To find out if a
to areas of potential support or
doctor is a boardcertified OBGYN,
frustration you may encounter.
reproductive endocrinologist, or
Did the schedule run on time?
urologist, contact the American Board
Were your questions answered?
of Medical Specialties. This organiza
Did you get your test results easily?
tion can also help you find a specialist
Was the staff helpful in dealing with
in your area.
financial issues?
If a program’s embryology lab has
When you know someone who has
been accredited by an agency
gotten pregnant, that may seem like
approved by the Society for Assisted
the strongest endorsement to seek
Reproductive Technology (SART), it
the same treatment at the same
has been inspected and met SART’s
program. But, someone who did not
standards for handling and storing
succeed might hold less favorable
embryos. The New York State
views. Be cautious, therefore, in using
Department of Health is accredited by
the experience of others to gauge
SART, so you can assume that any
your chances of success at a specific
program licensed in New York State
program. Every couple brings different
has met these standards. You can ask
fertility problems, and your chances
if a program’s laboratory is accredited,
may be higher or lower than that of
or check the Web site of the Centers
other couples you know.
for Disease Control and Prevention
(CDC). (See Resources, page 69.)
How do we select a doctor we The CDC publishes this information
can trust? along with annual success rates for
Trust is extremely important as you ART programs.
make complicated decisions that
In addition, RESOLVE offers referrals
involve your health, your family and
to doctors who meet its standards
large amounts of money.
regarding education, training and
Unfortunately, the field of infertility focus on infertility treatment.
treatment has been marred by the
23
If you are getting information from or step in the process seems to
the Internet, consider the source point towards eventual success or
behind any endorsement of a disappointment.
particular treatment, physician
While most programs acknowledge
or program.
the need for emotional support, they
Chances are good that the doctor or differ greatly in the services they
program you select will deserve your require or offer. A counselor can help
trust. As you pursue any type of you evaluate your feelings about
medical treatment, keep in mind that starting or continuing treatment and
a trustworthy doctor will not work in offer a valuable nonmedical perspec
an atmosphere of secrecy. You should tive on treatment and its demands.
be able to see the information in Some programs organize support
your medical file and your doctor groups and make counseling avail
should be willing to discuss your able. Others do not. Some programs
treatment with colleagues. You include various relaxation techniques
should not be discouraged from to ease the stress of treatment.
seeking a second opinion.
Your access to emotional support
inside and outside a program should
What kind of emotional be considered as you decide
support should we expect? where to be treated. At a minimum,
Emotional support is vital when you any program offering infertility
are coping with infertility and its treatment should:
treatment. Infertility is a crisis that
• Be sensitive to the stresses
many women and men describe as
of treatment.
the most upsetting of their lives.
Treatment is also stressful and can • Be supportive to the needs of
place a major strain on couples. individuals and couples.
The medications used sometimes have
• Help you anticipate and deal with
an impact on a woman’s mood and
predictable crisis points (such as
ability to concentrate. As treatment
getting pregnancy test results or
proceeds, patients describe riding a
having a miscarriage).
roller coaster of emotion as each test
24
• Recognize that you need to SUCCESS RATES
consider nonmedical Can a program predict
factors, such whether I’ll become pregnant?
“My biggest as family
Every couple is unique, and there
and only disappoint
responsibilities,
ment was that there are serious limitations in any
as you decide program’s ability to predict how you
was no counselor or
whether to will respond to treatment. You will
support group.’’
start or likely be given an estimate of the
IVF PATIENT
continue treatment. chances you will achieve a
• Schedule times to reevaluate successful pregnancy (either with
your approach to infertility. or without treatment). It should
be based on your diagnosis or test
At some point, you may want to
results, as well as the previous
seek counseling from someone
experience of that program or
independent of a treatment
others in using the techniques.
program but knowledgeable about
Be extremely cautious if someone
infertility treatments and issues.
offers you a guarantee or
Particularly if you are considering
unrealistically high estimate of
treatment involving a donor
your chances.
or a surrogate, you “They had
and your partner When a prediction is
counseling if you
can benefit from wanted to avail made, ask what it
counseling as you yourself of it, but I didn’t. is based on. The
sort through the I had a little support most directly
many nonmedical group of friends.” applicable
issues involved. IVF information would
PATIENTS be your program’s
Counseling or joining a
support group may also help previous experience in
you, as an individual or a couple, treating similar couples. Often,
receive support and develop however, predictions are made
strategies to cope with the stress based on information from sources
of infertility and its treatment. outside the program:
25
• A study published by a single center How many pregnancies miscarry after
(which might have a very different the first trimester? How many of the
level of experience). pregnancies end prematurely?
What is the chance of a stillbirth?
• Data submitted by a manufacturer
In general, there are more statistics
before a drug was approved by the
available about IVF than other
Food and Drug Administration
infertility treatments.
(and you may or may not be similar
to the people they studied). What do they count as an attempt?
26
Factors that are often applied in be asked to undergo medical or
infertility treatment are the: psychological testing.
27
These women may wish to use donor Making Decisions
insemination or may need additional about Infertility
treatments. Many programs also assist Treatment
lesbian couples, although this was not
GENERAL CONSIDERATIONS
asked as part of the national report.
What makes this different from
New York State law permits, but does
other medical decisions?
not require, fertility
In many ways, deciding
programs to accept
“Nobody blinked an about infertility
single women or
eye at my being unmarried. I
treatment is similar
lesbian couples
was treated gently, kindly, and
to deciding about
as patients. appropriately...I’m glad I didn’t
other types of
You can ask a have to go to a bar and get pregnant
elective health
program about and worry about getting AIDS –
28
• Religious cultural and emotional • Whether it is acceptable to use third
factors can play an important role parties (such as semen and egg
in decisionmaking. donors, or surrogates) in the
creation of children.
• The costs may be high and are
difficult to predict with accuracy. • Concerns about accidental matings
between relatives through the use
• Treatment can damage your health
of donor semen and eggs.
or the health of a donor working on
your behalf. • The methods used to collect semen.
your chances
what we needed to hear.” pregnancy.
of becoming
PATIENT UNSUCCESSFUL WITH
pregnant and STANDARD IVF AND SUCCESSFUL
• Problems that
delivering a live WITH DONOR EGGS may occur during
baby. This should pregnancy and how
include how successful they may affect you and
the treatments are, on average, for the baby(ies).
patients across the country and
• An estimate of the fees for treat
those treated at your program. The
ment, plus predictable charges not
information should be compared
covered in standard fees.
with your chance of becoming
pregnant without any treatment or • Your options regarding the use of
with a less aggressive approach. any eggs or embryos not used
during your treatment.
• How wellestablished the treatment
is in the field. Other treatments offered at this pro
gram or others and the nonmedical
• How much experience the program
alternatives, including adoption and
and its doctors have with the
no treatment at all. While your doctor
treatment.
should describe your various options,
• The risks of the treatment, including he or she will likely offer an opinion
the risks of all medications on which medical course of action is
and procedures. preferable. It is a doctor’s professional
responsibility to offer medical advice,
• The chance of a multiple pregnancy
but only you can make the decision
and its risks for the mother and the
that best addresses your medical and
pregnancy. This should include the
nonmedical concerns.
30
involves, its experimental nature,
and the possible risks and benefits.
“Nobody told me until
32
In contrast, most IVF success rates are What if my partner or I have
presented on a percycle basis. Make been sterilized?
certain that the success rate you are Sometimes a tubal ligation or
given refers to fullterm pregnancies vasectomy can be surgically reversed.
and is not just a measure of surgical The chance of success depends on
success (such as an open tube). what type of procedure you had, how
• Does anything about my condition long ago, and other factors related to
make it more or less likely that sur fertility in both of you (such as age).
gery will succeed? For example, a In some cases, a doctor might
tube blocked in several places is far recommend using IVF rather than
less likely to be opened effectively. a surgical reversal to help you have
a baby.
• If the surgery doesn’t work, what
would be my next option? What are Fertility drugs
the advantages and disadvantages Each month, the ovaries normally
of proceeding directly with that mature one egg, releasing it in the
option instead of doing surgery? middle of the menstrual cycle at
ovulation. The general term “fertility
• Are other types of surgery used for
drugs” usually refers to medications
this problem?
that influence this process. Fertility
• Are any nonsurgical treatments drugs can be used to spur ovulation
used for this problem? in a woman who ovulates only
irregularly or not at all. In addition,
• How do the results compare?
the drugs are often prescribed in
Insist on an appropriate infertility order to cause several eggs to
workup for both partners before pro mature in a single cycle. This may
ceeding with surgery. You don’t want be done to improve the odds of
to undergo surgery only to discover conception during intercourse or in
that an unrelated problem (for conjunction with other treatments
example, male factor infertility or (such as intrauterine insemination
failure to ovulate) will make it difficult or IVF).
to conceive without another type of
Should I use fertility drugs?
treatment that could have been used
in the first place. Make certain that you understand
the possible advantages and
disadvantages.
33
It can be helpful to discuss these body’s response to the drugs, can
questions with your doctor: have a major impact on your daily
routine and relationships. Although
Why are you suggesting fertility
every woman’s response is unique,
drugs in my case? Sometimes they
it can be helpful to speak with others
are prescribed to women who do not
who have used the medications.
ovulate regularly. However, they are
frequently prescribed to women who What are the risks?
do ovulate normally (especially those Fertility drugs sometimes result in
with unexplained infertility) in the serious medical complications. In the
hope that the drugs will increase the short term, the most serious is ovarian
chance of conception. hyperstimulation syndrome, in which
the ovaries become swollen and
How will the drug affect my chance
painful and there can be a dangerous
of getting pregnant?
buildup of fluid, at times requiring
While helping with ovulation, some
hospitalization.
fertility drugs have side effects that
can actually make it more difficult to If I get pregnant, what impact
conceive and establish a pregnancy. will the drugs have?
Pregnancies achieved using certain
How will I take
fertility drugs are somewhat
the medications?
“In all my hormone more likely to miscarry. In
Some are taken
only cycles, I would addition, most fertility
orally. Others must
hyperstimulate, sometimes drugs are associated
be given by worse than others. I would
with an increased
injection (in some have to be on bedrest and a
couple of times in the hospital risk of multiple
cases, just under
so they could watch the pregnancy. Before
your skin; in others, fluid around my lungs.” beginning treatment,
into the muscle).
INFERTILITY educate yourself about
PATIENT
How am I likely to feel the risks of multiple
while using the medications? pregnancy and the choices that
Some women find that these powerful you may be asked to make during
hormones alter their moods, ability to pregnancy (see page 53). Discuss
concentrate and physical wellbeing. these concerns with your doctor
These influences, coupled with the before taking the medications.
time demands of monitoring your
34
Are there any Second, make sure
“You have to sign a big
longterm risks your care is
long consent concerning
to my health?
the retrieval, but there is a reevaluated at
A few studies lack of any discussion about appropriate time
have suggested the use of the drugs. Pumping intervals. Fertility
that using yourself with hormones has drugs are not
fertility drugs, a tremendous impact on designed for use
particularly for an your body and emotions.” on an ongoing
extended period of UNSUCCESSFUL basis. No fertility
IVF PATIENT
time (in one study, for drugs should be used
more than 11 cycles), may cycle after cycle without the
increase a woman’s lifetime risk of doctor evaluating how you are
developing ovarian cancer. Although responding and whether a different
data from recent studies are more dose, medication or procedure might
reassuring, recognize that there are work better.
still unanswered questions about the
longterm risk of using fertility drugs. Intrauterine Insemination
In intrauterine insemination (IUI), a
Can the safety of fertility health professional places specially
drugs and the likelihood of prepared semen into a woman’s
pregnancy be enhanced? uterus near the time she is ovulating.
Yes, if you and your doctors work IUI can be used to bypass a problem
together to use the drugs properly. preventing sperm from reaching an
First, be sure that you are being egg – for example, if the sperm
monitored properly. Injectable fertility do not get through the cervix into
drugs should be used only if you are the uterus. In other cases, there is
under the care of a doctor who has no known barrier to the passage
the experience and equipment to of sperm, but IUI is suggested in
track your response using blood an attempt to increase the odds of
tests and ultrasound. Follow any conception. IUI is often used in
instructions you are given. If too many combination with fertility drugs.
follicles seem to be developing, you
Depending on the situation, IUI may
may be asked to stop using the
be performed with semen collected
medicine and refrain from attempting
from the male partner or frozen
a nonIVF pregnancy in that cycle.
semen from a donor.
35
Should I use IUI? How successful is the procedure
Before undergoing IUI, make sure in couples similar to us?
you clearly understand its benefits How does it compare to our chances
and risks. Ask your doctor the if we just time our intercourse well
following questions: at home?
Why are you recommending Success rates for IUI may be given
IUI in our case? for a single cycle or may be based
While there may be a specific on performing the procedure over
diagnosis, the combination several months. Make sure you
of fertility drugs and IUI is often know which statistic is being used.
suggested to couples with no known In general, IUI is not a recommended
problem. Couples are sometimes treatment for poor semen quality,
advised to try a few cycles of this and it will not overcome an
less expensive treatment before agerelated decline in a woman’s
undergoing IVF. ability to produce eggs.
36
In Vitro Fertilization
In vitro fertilization, or IVF, is a method of treatment in which the man’s
sperm and the woman’s eggs are combined outside of the body. In general,
IVF involves five steps:
3) The eggs are examined and placed 4) One or more embryos are
into a culture dish in the lab. At the transferred back into the woman’s
proper time, they are mixed with uterus, where an embryo
specially prepared sperm. Later, if may implant and result in an
fertilization occurs, the resulting ongoing pregnancy.
embryos are grown in the lab for
a few days.
37
Should I undergo IVF? • How does that compare to my
For most couples, whether or not to chances with other treatments or
undergo IVF is a major decision that no treatment at all?
requires them to assess many What are the alternatives
medical, emotional and financial to IVF?
factors. Before deciding, you may
Depending on your fertility
want to speak with others
problems, you may
who have gone “The waiting decide to use
through the process rooms are filled with lowertech
(successfully and people whose total life is treatments or no
not), an infertility going through these programs. treatment at all.
counselor, and/or It was hard to juggle working
a support group. and IVF, but I’m glad In addition, two
These are a few I didn’t just sit there IVF alternatives
of the questions to for a month.” are available at
discuss with your IVF PATIENT some programs,
doctor: although their use
has declined greatly. In gamete
• Why are you recommending IVF
intrafallopian transfer (GIFT), the
for me?
first two steps are the same as IVF.
• What are my alternatives to But, instead of fertilizing the eggs in
using IVF? the laboratory, a mixture of sperm
and eggs is placed into one or both
• What are the risks of each step in
of the woman’s fallopian tubes. In
the process?
GIFT, fertilization and the embryos’
• What is it like for most women travel to the uterus occur in the
as they go through each step? natural environment of the fallopian
(This will help you predict what tubes. GIFT usually involves a
the impact may be on your time, surgical procedure and requires that
physical wellbeing and emotions). at least one of a woman’s tubes be
open and healthy. Because general
• What is my chance to become
anesthesia is usually required, GIFT
pregnant and deliver a baby as a
is considered riskier and usually
result of this treatment?
costs more than IVF.
38
Another procedure, zygote What additional treatments
intrafallopian transfer (ZIFT), or procedures may be
combines elements of IVF and GIFT. recommended?
The first three steps are similar to IVF. Depending on your condition or your
However, instead of transferring response to previous treatments,
the embryos into the uterus, they variations on IVF may be suggested.
are placed into one or both of the Each adds cost and certain risks.
woman’s fallopian tubes. Success depends greatly on the
The general term assisted expertise of the lab personnel who
reproductive technologies (ART) is will be manipulating the eggs, sperm
used for all treatments that involve and embryos. Be sure you know your
removing a woman’s eggs and program’s level of experience, as well
combining them with sperm outside as the pros and cons of using any of
the body, including IVF, GIFT and ZIFT. these procedures in your case:
success rates?
diagnosis. If the chance of success
40
As you evaluate the CDC’s statistics, If you need a specialized procedure,
keep these factors in mind: such as ICSI, check on the program’s
experience with that procedure.
• Small differences can occur strictly
by chance and are not meaningful • Note the number of embryos
when comparing programs or transferred and the rate of multiple
tracking how a program’s success births. For some programs, more
has changed from year to year. than half the deliveries involve two
or more infants. Also, check the
• Published rates are not current.
percentage of pregnancies that
The results of IVF cycles performed
involve twins or other multiples.
in a given year can’t be collected
For some programs, more than
and analyzed until all the resulting
onefourth of IVF pregnancies in
pregnancies are completed. This
younger women involve three or
means a time lag of about two
more fetuses. Some programs
years by the time results are
attempt to increase their published
published. Keep in mind that
success rates by transferring many
doctors and lab personnel could
embryos in each cycle. This means
have changed since the latest
that more of their patients will
published data. Make sure you have
have to decide between carrying
the information you need about the
a highrisk multiple pregnancy and
experience and track record of the
undergoing fetal reduction.
current staff.
41
• Programs differ in their willingness cycles are canceled (an average
to accept the tough cases. A of 14 percent, but ranging from
program that takes more difficult less than 1 percent to more than 40
cases may provide equal or better percent), often because of a poor
treatment than a program that response to fertility drugs.
posts a high success rate but only
• Pay attention to a program’s
accepts those most likely
success using frozen
to conceive.
“We checked around embryos. Many IVF
Likewise, if a
and found the chances were cycles are
program
slightly higher at one program. We conducted with
advises no knew and liked the doctor the intention
treatment or at the other program in town, of freezing
lowertech so it was a very difficult excess
options to decision. But we picked
embryos to
couples the one with better numbers.”
use in a later
with milder WOMAN PREGNANT
AFTER TWO IVF CYCLES
cycle, if needed.
problems, it may
How well those
serve patients better
cycles work may have a
than a program that obtains
large impact on whether you
a high success rate by using IVF
become pregnant.
on couples who might conceive
without it.
Can I rely on the success rates
• Ask about complications. The published in advertisements?
success rates don’t tell you how It can be tricky to decipher the reality
many women needed hospitaliza behind some ads. If a success rate is
tion or how many infants were given, look for how they define suc
born prematurely or died shortly cess and how they define an attempt
after birth. (see page 26). To avoid misleading
• Ask how many cycles your doctor people, both the Society for Assisted
would recommend you consider. Reproductive Technology (SART) and
the Federal Trade Commission (FTC)
• Ask what percentage of cycles are
recommend that programs report data
canceled and why. Programs differ
on live births.
greatly in how many treatment
42
If a program is comparing its results If you feel that advertising for a fertili
to those of another program, they ty program has been deceptive or
should use the same definitions. SART misleading, report it to your state or
requires its members to support any local office of consumer affairs, or to
advertising claims they make with the FTC (see Resources, page 69).
reliable data. It no longer permits
programs to make comparisons with DONOR SEMEN, EGGS
other programs in their ads. AND EMBRYOS
Remember, there may be important Who uses donors?
reasons other than quality for the Couples use donor semen to create a
rates at programs to differ, such as pregnancy in cases of male factor
the patients they select to treat. The infertility or to avoid transmitting a
results being advertised may not have genetic disease. It may also be used
been achieved on patients similar to by women who wish to become
you. And, don’t give much weight to pregnant without involving a male
ads touting statistics collected over partner. When there is severe male
only a few months. Any program can factor infertility, couples are most
have a brief run of pregnancies that commonly offered a choice between
inflates the shortterm success over using donor semen and using IVF with
their usual rate. ICSI. IVF with ICSI can be extremely
costly. Using donor semen is far less
Not all advertising is clearly labeled. If
invasive and less expensive, but
a program hands out videos or books,
means that the man will not be the
or offers informational seminars, its
genetic father of the baby.
aim may not be just to educate but to
attract new clients. The information Donor eggs may be used in IVF when
presented will reflect that program’s a woman wants to avoid transmitting
point of view about who should seek a genetic disease or no longer
care and the most valuable tests and produces usable eggs, often
treatments. This information may or because she is approaching or has
may not correspond with scientific entered menopause.
evidence and the opinions of experts
In recent years, it has become
in the field. Consider the source
apparent that, after the age of 35,
of these materials as you evaluate
women’s pregnancy rates using
their content.
standard IVF begin to fall.
43
In IVF using donor eggs, the own semen banks. Other semen
pregnancy rate corresponds to the banks are independent and may sell
donor’s age. With supplementary semen specimens to doctors all over
hormone treatment, many the country. Each semen
women in their 50s bank selects its pool
(and some who are of donors. It is
“In the back of my
older) have given important for you
mind I think about doing
birth through this to understand
a donor egg cycle, but it’s
process. When a big step to take.” how they recruit
donor eggs are and screen the
UNSUCCESSFUL
used, the recipient is IV PATIENT
donors, and what
the birth mother, but information they make
not the genetic mother, available to recipients. Any
of any resulting children. semen bank providing specimens
for use in New York State must be
About half the nation’s fertility pro
licensed by the state and adhere to
grams now offer the relatively new
its guidelines.
option of having a donor embryo
44
It is important for you to be viruses that can cause illness in
comfortable with how your egg the recipient. For this reason, it is
donor has been selected and essential that semen donors be
screened, and how she will be regularly tested for a variety
treated by the program. of infections.
Most programs allow the use of A man may not test positive for
known donors, if they fit the pro antibodies to HIV (the virus that
gram’s eligibility standards. If you causes AIDS) until several months
have a friend or relative who could after he is exposed. For that reason,
serve as your egg donor, ask the donor semen should be frozen for
program about this option. at least 180 days and not released
for donation until the donor tests
Any program providing donor eggs
negative a second time.
for use in New York State must be
licensed by the state and adhere to Make sure you are satisfied with the
its guidelines. precautions taken by your semen
bank to prevent the transmission of
Where do donor embryos infectious diseases.
come from?
Donor embryos have usually come Can infectious diseases be
from couples who created and froze passed through donor eggs?
extra embryos during their own Although no cases have been
treatment but no longer wish to use reported, it is theoretically possible
them. Any program providing donor that an infection could be passed
embryos for use in New York State through a donor egg. Most
must be licensed by the state and programs test egg donors for the
adhere to its guidelines. These same infections as semen donors.
require embryo donors to be
With donor eggs, freezing is not
screened as thoroughly as semen
practical at this time. This causes
or egg donors.
special concern with regard to HIV
testing, since a woman may not
Can infectious diseases be test positive for antibodies to the
passed through donor semen? virus until several months after she
Yes. Like other human tissues, is exposed.
semen can harbor bacteria and
45
Eggs cannot be stored until a donor Tell your doctor about any genetic
passes a second HIV test. This means diseases that are present in your
that a recipient must rely on an egg family or are more common in your
donor’s current HIV test results or ethnic group. This might include sickle
have the embryos frozen to use after cell disease in those of African
the donor is retested. Most recipients heritage or TaySachs disease in
of donor eggs accept the small French Canadians or people of
possibility that a donor might have Ashkenazi Jewish heritage.
been recently exposed to HIV and
If you are uncertain about your family
could transmit the virus through the
history or the likelihood that you carry
donor egg. Some programs take the
an inherited disease, you may wish
additional precaution of requiring
to seek genetic counseling before
HIV testing for the sexual partner(s),
proceeding. For assistance in finding
if any, of prospective egg donors.
a genetic counselor, contact your
doctor or the National Society of
Can donor semen or eggs
Genetic Counselors (see Resources,
result in birth defects or
page 69).
inherited diseases?
Yes. If a donor has a genetic disease, What if my egg donor develops
or is healthy but carries a gene medical complications?
associated with a genetic disease,
Egg donors undergo the first two
it can be transmitted during semen
steps in the IVF process (the use of
or egg donation.
fertility drugs and retrieval of eggs).
Some semen banks and egg donation Donors occasionally develop
programs take thorough genetic complications from fertility drugs or
histories and perform many genetic the procedure to remove the eggs.
tests on all donors. Others test only Rarely, these are serious enough to
for common genetic diseases or those require hospitalization. Before you
required by state regulations. Many agree to undergo treatment using
genetic abnormalities cannot be donor eggs, review the information
detected through existing tests. Before and consent forms your donor has
starting treatment, make certain you received to make certain you find her
are satisfied with the extent of treatment acceptable.
planned donor screening and testing.
46
Clarify who has the financial Can we meet our donor?
responsibility if your donor develops It depends on the program. A few
complications. At most programs, semen banks and egg donation
the recipient must agree programs specialize in
to pay all expenses. helping donors and
“They say it’s
anonymous. But the profile recipients who want
What will we told a lot more than I would to know each
know about have expected, including the others’ identities
the donor? place of birth, the year, and arrange for
the nationality, and that he has
Semen banks some level
a sister. I’m not complaining, but I
and egg donor of contact.
think I could find this person.”
programs vary
WOMAN ATTEMPTING
in how much DONOR INSEMINATION Can we use the
information they semen or eggs of
make available to a relative or friend?
recipients. Some supply only a few Sometimes. In New York State, a
details to use in matching (race or known donor is subject to the same
ethnic background, height and State Health Department regulations
weight, blood type, etc.). Others as an anonymous donor. A known
provide — sometimes for a fee – far donor’s semen must be collected,
more biographical information and prepared, frozen and stored for six
test results. Although these details months by a licensed semen bank
may help you to feel that you know until he repasses tests for HIV and
your donor better, experts caution other infectious diseases. Because of
that there is little evidence such the risk of genetic disease, a woman
characteristics are inherited. can not be inseminated with the
At a minimum, be certain you have semen of a close blood relative.
enough medical information to At some programs, a woman may
choose an appropriate donor. For bring in a friend or relative to serve as
example, if you carry a recessive an egg donor. This woman must
genetic disease (such as cystic fibrosis, undergo the same screening as other
sickle cell anemia or TaySachs), egg donors, and the program will
then you need to be certain your want to take precautions to ensure
donor has been tested and found that she understands the medical risks
not to be a carrier. and other issues.
47
Because of the risk of genetic that donor semen was used in
disease, the donor can not be a close their conception. Today, however,
blood relative of the intended father. many parents and health profes
In order to ensure that a woman does sionals advise giving children
not feel pressured to donate because this information.
of her emotional or financial ties to
They cite evidence that secrecy within
the recipient, some programs place
families can be harmful, and stress
restrictions on the relationships they
that children may someday need
allow. For example, some programs do
medical information about the donor.
not permit an employee or young
adult daughter of a woman to With more families using donor
become her egg donor. semen, eggs and embryos,
there is an increasing
In addition to the “Somebody at day care amount of
medical issues said, ‘Where’s [Neil’s] daddy?’
support for
raised by using I said, ‘I don’t know.’
informing
a known donor, They said, ‘What does he
look like?’ I said, ‘Brown hair children of
you must con
and blue eyes.’ That’s pretty their genetic
sider the many
much all I know.” origins. At this
legal and psycho
SINGLE WOMAN WHO point, however,
logical issues that HAD A CHILD THROUGH there is a lack
can emerge at a later DONOR INSEMINATION
of followup
date. For example, will you
information on children
tell your child that his uncle is
to help in making this decision. A
actually his biological father, or that
counselor can help you decide what
her older sister is genetically her
to tell your child. Counselors at some
mother? What would you do if a
infertility programs offer support to
friend/donor suddenly wanted to be
parents as they ponder whether, when
recognized as your child’s parent?
and how to best explain these issues.
In addition, organizations such as
Should we tell our child we
RESOLVE offer member contact
used a donor?
systems for those who are considering
It is up to you. Historically, families or have built families through donor
were not encouraged to tell children conception (see Resources, page 70).
48
Should we tell Under New York State
our relatives “We’ve said at this regulations, licensed
and friends point we won’t tell him unless semen banks and
we’re using
there is a clear reason to do so, egg or embryo
and it has to be agreed upon by all
a donor? donation
involved. My parents do not know.
It is entirely I haven’t gone out of my way to find programs are
your other infertile couples for support, required to
decision. and that comes largely from consider this
the decision to keep the egg donation possibility.
However,
private. It’s somewhat alienating.”
many who They must set
53
As one example, consider the chance during a cycle. For example, in the
that a baby will die before United Kingdom, doctors may transfer
it is one month old. According to no more than three embryos in a
national statistics (not all involving cycle, and they are encouraged to
IVF), compared with a single baby, transfer only one or two. In the United
early death is four times as likely States, these decisions are left to the
in twins, 10 in triplets, 13 in individual doctor and patient.
quadruplets, and 30 in quintuplets. However, prominent medical organi
More than half of all twins and zations, such as the American Society
nearly all newborns from pregnancies for Reproductive Medicine (ASRM)
involving three or more babies are and the American College of
lowbirthweight, with some born Obstetricians and Gynecologists
dangerously tiny and premature. (ACOG), have called on doctors to
make the prevention of multiple births
When results are reported after IVF
a high priority as they plan fertility
or GIFT, a live birth means at least
therapy (see Resources, page 69).
one infant showed signs of life after
In the interest of preventing the
delivery. It does not tell you whether
maternal and infant complications
any or all of the infants survived or
stemming from multiple births, a
went home from the hospital in
responsible doctor will:
good shape.
• start with the lowest dose likely
Can multiple births
to develop enough eggs for an
be prevented?
individual patient, including frozen
Since the early 1980s, there has been IVF cycles.
an astonishing rise in multiple births. • use injectable fertility drugs only if
About twothirds of the increase is they can provide careful ultrasound
thought to be the direct result of fer and blood hormone monitoring can
tility therapies, including the use of be provided.
fertility drugs and IVF.
• not give drugs to induce ovulation
Many of these multiple births can if hormone levels are too high or
be prevented. Several countries in if ultrasound shows that too many
Western Europe, and also Australia follicles are maturing; and will
and New Zealand have federal laws counsel patients not to have
or regulations that limit the number of unprotected intercourse during
embryos that may be transferred that cycle.
54
older than 40 or those who have
already undergone many failed IVF
“The issue was
cycles. In a donor egg cycle, the age
discussed and dis
of the donor is used to determine the
cussed up front. They said
55
Can a multiple gestation gestations they create, about
be fixed? 37 percent of the pregnancies and
If a woman becomes pregnant live births resulting from IVF and GIFT
with many fetuses, she can be involve multiples, and about 8 percent
offered fetal reduction (also called of the pregnancies (and 5 percent of
multifetal pregnancy reduction). the births) involve three or more
In this amniocentesistype procedure, fetuses. Statistics reported to the CDC
a lethal chemical is injected into one show a wide range in the average
or more fetuses, leaving an agreed number of embryos that programs
upon number. The goal is to decrease transfer in a cycle (in women under
the chance of miscarriage or 35, from one to five). At times, high
premature delivery. delivery rates are achieved by placing
higher numbers of embryos, which
Fetal reduction lowers, but does
result in high multiple rates.
not eliminate, the risks involved in
multiple gestation. The procedure As you look at outcome statistics,
itself sometimes results in miscarriage. check a program’s rates of multiple
Many couples find it emotionally pregnancies, multiple deliveries and
trying; some believe it is the average number of embryos
ethically unacceptable. transferred. Ask how often their
patients undergo fetal reduction. Ask
Before taking fertility drugs or
what they do to reduce the chance of
pursuing IVF or GIFT, ask your doctor
multiples and what they are likely to
about the fetal reduction procedure.
recommend in your case.
If you decide that fetal reduction is
something you will not consider or
wish to avoid, your doctor should
know that and agree to provide “I remember
of a multiple pregnancy.
and we’re putting them
56
FREEZING EMBRYOS that will be usable after freezing can
If all the embryos aren’t be difficult to predict. Program and
transferred, what happens patient factors (such as age and
to them? diagnosis) can affect embryo quality.
Embryo quality differs from cycle to
Before you begin an IVF cycle, you
cycle. Embryos created during the
and your physician should agree on
same cycle may also vary widely in
what will happen to any extra eggs or
quality. If those appearing to be of
embryos. In most cases, excess
better quality are transferred in the
embryos are frozen for possible use in
initial cycle, those that are frozen may
a future cycle. However, other options
be less likely to result in pregnancy.
are open to couples who do not wish
This is not a result of freezing per se,
to freeze embryos. Depending on the
but reflects the initial selection.
program, excess embryos can be
discarded, donated for research or
donated to another couple. Couples How long can I wait to use
who object to all of these options can the embryos?
limit the number of eggs that are Some programs will keep frozen
mixed with sperm. That way no extras embryos indefinitely if you continue
can be created. However, no one can to pay the storage fees. Others limit
know with certainty how many eggs the time embryos may be stored. At
will fertilize or what the quality of the that point you may need to transfer
resulting embryos will be. Therefore, the embryos to another facility or
this option could significantly limit select a different option for their use
your chances of delivering a child. or disposal.
• You can donate the embryos for use What if we get divorced or one
in medical research. of us dies?
Couples can have strong preferences Serious questions and disagreements
or religious and ethical concerns could arise if you divorce or if one or
about any or all of these choices. both of you die or become incapaci
Make sure that you are comfortable tated. It is important for you to think
with the choices offered and be about these possibilities before
sure to express your wishes, in you begin treatment. To the extent
writing, before embryos are frozen. possible, you should indicate – in
writing – what you would want to
Who is allowed to make happen to the embryos in case of
decisions about the embryos? death or divorce.
Although a fertility program may have In some states, these documents may
custody of your embryos, in most be legally binding unless both of you
circumstances program staff can not agree to change them.
make decisions about their use
When disagreements arise, courts
without your consent. When embryos
have taken various approaches in
are created by a couple (whether or
deciding who, if anyone, has the right
not donated eggs or semen were
to use the embryos over the other’s
used), the couple usually retains joint
objection or what should happen
decisionmaking authority over
in unforeseen circumstances. This
the embryos.
is likely to be an area of ongoing
legal uncertainty.
58
Paying for Infertility Will our insurance cover
Treatment infertility treatment?
Many health insurance plans do
What will treatment cost?
not cover diagnosing and treating
Infertility treatment can be extremely
infertility. Among those that do,
expensive. Depending on the
policies differ in what is
type of treatments
covered and the limits
and how long they
“It’s weird to go and restrictions
last, your outof
through all the scenarios. involved. It is your
pocket costs
After everything you’ve right to see the
will vary.
been through, it’s hard to contract detailing
In order to mini think about what could exactly what is
mize the unexpect happen to the embryos.” covered under
ed costs, be sure to your plan. Examine
IVF PATIENT
include these expenses
sections of the con
(which may not be included
tract that list exclusions,
in prices quoted on a percycle basis)
procedures not covered, or limits of
in your estimates:
coverage. You may also write to your
insurer requesting a predetermination
– Diagnostic tests
of benefits. In your letter, give your
– Medication
diagnosis and the specific treatments
– Monitoring
(and their fees) that have been
– Donor fees and medical bills
recommended. (Break down the
– Prenatal care costs
treatments into components such as
– Missed time from work and impact
medications, laboratory tests, etc.)
on career
– Lodging and transportation for While your insurance coverage may
treatment away from home. influence your choice of treatment,
do not let it stop you from being fully
The costs to treat medical complica informed about your medical options.
tions — should they occur in you or a Ask your doctor: “If my insurance
donor treated on your behalf — may covered all treatments, or if money
be substantial, but they cannot readily were not an issue, would you make
be predicted in advance. the same recommendation?”
59
limit the amount and type of
“They estimated
treatment insurers must cover. In
what the medication
addition, if your employer or union
would cost, but the esti
is funding its own insurance plan, it
mate was very, very low. It
is regulated by federal law (ERISA,
was almost $2000 more.”
IVF PATIENT
The most
tollfree have saved three operations, and so
controversial
number. much heartache and hardship
pricing plans
If you have a could have been avoided.”
offer partial
SUCCESSFUL
general question refunds to couples
IVF PATIENT
about insurance coverage,
who do not succeed.
or believe that your insurer has
Each plan differs somewhat in
denied a claim improperly or failed to
its details, but several elements are
act in accordance with your contract,
usually present:
contact your state’s insurance
67
Resources New York State Department of Health
OFFICE OF PROFESSIONAL
MEDICAL CONDUCT
NEW YORK STATE OFFICES 433 River Street, Suite 303
New York State Troy NY 12180
Attorney General’s Office 8006636114
HEALTH CARE BUREAU www.health.state.ny.us/nysdoh/opmc/
Information and Complaint Hotline main.htm
8007717755 (select option 3) If you feel that you have received incompe
If you have a question about insurance tent, negligent, or fraudulent care from a
coverage, or believe that a claim doctor in New York State, you may file a
has been improperly denied or an report with this office. You may also find out
insurance company has failed to act whether the Office of Professional Medical
in accordance with your contract, Conduct has ever taken action against a
you can report it to this office. particular doctor.
New York State Department of Health New York State Division of Human Rights
BLOOD AND TISSUE RESOURCES PROGRAM One Fordham Plaza
Wadsworth Center Bronx NY 10458
Empire State Plaza 7187418400
P.O. Box 509 www.nysdhr.com
Albany NY 122010509 If you believe that a doctor has improperly
5184855341 discriminated against you (based on race,
www.health.state.ny.us. creed, color or national origin), you may
email: btraxess@health.state.ny.us
make a report to this state office.
This office can tell you whether a donor
semen, egg donation, or donor embryo
New York State Insurance Department
program is licensed by the New York State
Department of Health. CONSUMER SERVICES BUREAU
Agency Bldg. 1ESP
New York State Department of Health Albany NY 12257
ENVIRONMENTAL HEALTH HELPLINE 8003423736
8004581158 www.ins.state.ny.us
If your doctor has concerns about the repro If you have a question about insurance
ductive impact of specific substances you are coverage, or believe that a claim has been
exposed to at work or in your community, this improperly denied or an insurance company
office can discuss the available scientific infor has failed to act in accordance with your
mation with you or your doctor. contract, you can report it to this office.
68
OTHER ORGANIZATIONS Centers for Disease Control
American Board of Medical Specialties and Prevention
1007 Church Street, Suite 404 Division of Reproductive Health
Evanston IL 602015913 4770 Buford Hwy. NE, Mail Stop K20
866ASKABMS (8662752267) Atlanta GA 303413717
www.abms.org 8003113435
www.cdc.gov/nccdphp/drh
This organization can tell you whether a doc
This government agency publishes the
tor is boardcertified in a given specialty, or
national success rates for assisted
help you find a specialist in your area.
reproductive technologies.
RESOLVE
1310 Broadway
Somerville MA 02144
6176230744
www.resolve.org
This national infertility association provides
physician referrals, a national helpline,
a variety of educational materials and
support resources throughout the country.
70
Glossary Ectopic pregnancy – A pregnancy in which
the fertilized egg implants in a location out
American Society for Reproductive side of the uterus – usually in the fallopian
Medicine (ASRM) – A professional society tube, the ovary or the abdominal cavity. An
whose affiliate organization, the Society for ectopic pregnancy is a dangerous condition
Assisted Reproductive Technology that requires prompt treatment.
(SART), reports annual fertility clinic data to
Egg – The female reproductive cell, also
the federal Centers for Disease Control and
called an oocyte.
Prevention (CDC).
Egg retrieval (also called oocyte
ART (assisted reproductive technology)
retrieval) – A procedure to collect the eggs
– All treatments or procedures that involve
surgically removing eggs from a woman’s contained in the ovarian follicles.
ovaries and combining the eggs with sperm Egg transfer (also called oocyte
to help a woman become pregnant. transfer) – The transfer of retrieved eggs
(Note: This definition is based on the 1992 into a woman’s fallopian tubes through
law that requires the CDC to report on ART laparoscopy (see definition). This procedure
success rates. The term ART is sometimes is used only in GIFT (see definition).
used to describe a wider variety of treat
Embryo – An egg that has been fertilized
ments, including intrauterine insemination
by a sperm and undergone one or
and the use of fertility drugs.)
more divisions.
ART cycle – A process in which 1) an ART
procedure is carried out, 2) a woman Embryo transfer – Placement of embryos
has undergone ovarian stimulation or into a woman’s uterus through the cervix
monitoring with the intent of having an ART after in vitro fertilization. In zygote
procedure, or 3) frozen embryos have been intrafallopian transfer (ZIFT) (see definition),
thawed with the intent of transferring them the embryos are placed in a woman’s
to a woman. A cycle begins when a woman fallopian tube.
begins taking fertility drugs or having her Endometriosis – A medical condition
ovaries monitored for follicle production. involving the presence of tissue similar to
Canceled cycle – An ART cycle in which the uterine lining in locations outside of the
ovarian stimulation was carried out uterus, such as the ovaries, fallopian tubes
but which was stopped before eggs or abdominal cavity.
were retrieved. Fertilization – The penetration of the egg
Centers for Disease Control and by the sperm and the resulting combination
Prevention (CDC) – A government agency of genetic material that develops into
within the U.S. Department of Health and an embryo.
Human Services responsible for publishing Follicle – A structure in the ovaries that
annual fertility clinic success rates. contains a developing (unfertilized) egg.
Donor egg cycle – An embryo formed from
the egg of one woman (the donor) and then
transferred to another woman who is
unable to conceive with her own eggs
(the recipient). The donor relinquishes all
parental rights to any resulting offspring.
71
Fresh eggs, sperm or embryos – Eggs, IVF (in vitro fertilization) – An ART proce
sperm or embryos that have not been dure that involves removing eggs from a
frozen. Note, however, that fresh embryos woman’s ovaries and fertilizing them out
may have been conceived using either fresh side her body. The resulting embryos are
or frozen sperm. then transferred into the woman’s uterus
through the cervix.
Gamete – A reproductive cell, either a
sperm or egg. Laparoscopy – A surgical procedure in
which a fiberoptic instrument (a laparo
GIFT (gamete intrafallopian transfer) –
scope) is inserted through a small incision
An ART procedure that involves removing
in the abdomen to view the inside of the
eggs from the woman’s ovaries, combining
pelvis.
them with sperm, and using a laparoscope
to place the sperm and unfertilized eggs Live birth – The delivery of one or more
into the woman’s fallopian tube through babies with any signs of life.
small incisions in her abdomen. Male factor – Any cause of infertility
Gestation – The period of time from due to insufficient sperm quantity or
conception to birth. other deficiencies that make it difficult for
a sperm to fertilize an egg under
Gestational sac – A fluidfilled structure
normal conditions.
that develops within the uterus early in
pregnancy. In a normal pregnancy, a Miscarriage (also called spontaneous
gestational sac contains a developing fetus. abortion) – A pregnancy ending in the
spontaneous loss of the embryo or fetus
Gestational surrogate (also called a
before 20 weeks of gestation.
gestational carrier) – A woman who
carries an embryo that was formed from the Multifetal pregnancy reduction –
egg of another woman. The gestational A procedure used to decrease the number
carrier usually has a contractual obligation of fetuses a woman carries and improve the
to return the infant to its intended parents. chances that the remaining fetuses will
(In New York and some other states, it is develop into healthy infants.
illegal to enter into a surrogate parenting Multiple birth – A pregnancy that results
contract that calls for a woman to give in the birth of more than one infant.
up an infant and her maternal rights in
Multiple gestation – A pregnancy with
exchange for money.)
multiple fetuses.
ICSI (intracytoplasmic sperm injection) –
Oocyte – The female reproductive cell,
A procedure in which a single sperm is
also called an egg.
injected directly into an egg; this procedure
is most commonly used to overcome male Ovarian monitoring – The use of
infertility problems. ultrasound and/or blood or urine tests
to monitor follicle development and
IUI (intrauterine insemination) –
hormone production.
A medical procedure that involves placing
sperm into a woman’s uterus to facilitate Ovarian stimulation – The use of drugs to
fertilization. IUI is not considered an ART stimulate the ovaries to develop follicles
procedure, because it does not involve the and eggs.
manipulation of eggs.
72
Pregnancy (clinical) – Pregnancy docu ZIFT (zygote intrafallopian transfer) –
mented by the presence of a gestational An ART procedure in which eggs are collect
sac on ultrasound. For ART datacollection ed from a woman’s ovaries and fertilized
purposes, pregnancy is defined as a clinical outside her body. A laparoscope is then used
pregnancy rather than a chemical pregnancy to place the resulting zygote (fertilized egg)
(i.e., a positive pregnancy test). into the woman’s fallopian tube through a
73
New York State Task Force
on Life and the Law
Advisory Group on Assisted Reproductive Technologies
Rev. Msgr. John A. Alesandro, J.C.D., J.D. Gordon B. Kuttner, M.D., FACOG, FACS
Episcopal Vicar Assistant Professor & Director
Western Vicariate Division of Reproductive Endocrinology,
Diocese of Rockville Centre Surgery & Fertility
Department of Obstetric and Gynecology
Rabbi J. David Bleich, Ph.D.
University of Miami School of Medicine
Professor of Talmud, Yeshiva University
Member, Work Group on Assisted Reproductive
Professor of Jewish Law and Ethics
Technologies, American College of Obstetricians
Benjamin Cardozo School of Law
and Gynecologists
Owen K. Davis, M.D., F.A.C.O.G.
Vivian Lewis, M.D.
Associate Professor, Obstetrics
Director, Reproductive Endocrinology Unit
and Gynecology
Associate Professor, ObstetricsGynecology
Associate Director,
University of Rochester Medical Center
In Vitro Fertilization Program
Rochester, NY
Center for Reproductive Medicine
and Infertility Ruth Macklin, Ph.D.
Weill Medical College of Cornell University Head, Division of Philosophy and History
Chair of Practice and Membership Committees of Medicine
Society for Assisted Reproductive Technology Department of Epidemiology
and Social Medicine
Nancy N. Dubler, LL.B.
Albert Einstein College of Medicine
Director, Division of Bioethics
Department of Epidemiology Kathryn Meyer, J.D.
and Social Medicine Chair of the Advisory Group
Montefiore Medical Center/Albert Einstein Senior Vice President and General Counsel
College of Medicine Continuum Health Partners, Inc.
Senior Vice President for Legal Affairs and
Alan Fleischman, M.D.
General Counsel
Senior Vice President
Beth Israel Medical Center
The New York Academy of Medicine
New York, NY
Cassandra E. Henderson, M.D.
Mark V. Sauer, M.D.
Medical Director,
Chief, Division of Reproductive Endocrinology
MICWomen’s Health Services
Department of Obstetrics and Gynecology
New York, NY
New York Presbyterian Hospital
Associate Professor of Obstetrics
Professor of Obstetrics and Gynecology
and Gynecology
Columbia University
Albert Einstein College of Medicine
New York, NY
Margaret R. Hollister, J.D.
Director of HelpLine
and Educational Services
National RESOLVE
74
Bonnie Steinbock, Ph.D.
Professor of Philosophy
Chair, Department of Philosophy
University at Albany, State University
of New York
Staff
75
State of New York
Department of Health
1128 5/09