Assisted reproductive technology is an up-and-coming area of the law in Pennsylvania which deals with the legal aspects of having children and starting a family in other ways aside from traditional child birth. With changes in technology comes new ways of having children - which brings about the need for many important medical and legal standards to be set related to this process. Our blog today discusses assisted reproductive technology and how it is regulated under Pennsylvania law.
Despite a national attempt at regulating assisted reproductive technology services, most states in the U.S. do not have a requirement that assisted reproductive providers report public information about their services. However, Pennsylvania law requires that providers of assisted reproductive technology services report that they are providing this service to the public. Specifically, 18 Pa. C.S.A. § 3213 (c) states that all persons that are conducting or experimenting with in vitro fertilization must file quarterly reports stating the names of persons conducting or assisting in such activities, including the locations, the name and address of all sponsors, the number of eggs fertilized, the number of fertilized eggs destroyed or discarded, and the number implanted. However, for privacy purposes, the identity of the egg or sperm donor is not to be disclosed within the reports.
Although there is not currently a nationwide program for certification of fertility clinics, there have been previous attempts made at creating this type of program. The Federal Fertility Clinic Success Rate and Certification Act [42 U.S.C. §§ 263 (2005)] was the Federal government's first attempt at bringing some regulation to advertising for assisted reproductive technology providers. This Act was implemented to require clinics to provide reporting information on success rates in use of in vitro fertilization and embryo transfer services. The goal of this program was to create a model program that the states could then follow with regard to regulating the nationwide assisted reproductive technology system. The CDC did publish a survey based on the reported information; however, there has not been any significant progress on developing a national model program for regulating assisted reproductive technology clinics/fertility clinics.
Have questions about assisted reproductive technology in PA? Speak to one of our ART attorneys today!