Australasian Bioethics Information Newsletter
ISSN 1446-2117
For health and legal professionals with an interest in bioethics
 
16 November 2001

IVF / Victoria opens door to lesbians
Sperm donors / NSW children to trace genetic fathers
Confidentiality / Genetic privacy paper released
Stem cells / Blow to UK cloning law
In brief / Americans get organs of Chinese convicts...
Interview / "Death is inevitable, but severe suffering is not"

IVF / Victoria opens door to lesbians
"Psychologically infertile" women will have access to IVF and donor insemination in Victoria if new guidelines are approved. Premier Steve Bracks said that the services would not be an undue concession to lesbians.

The unusual notion of psychological infertility, or an unwillingness to have normal sexual intercourse, was proposed by the Victorian Infertility Treatment Authority. It was seeking a way to comply with last year's Federal Court ruling that single women and lesbians should have access to IVF, not just heterosexual couples. Chief executive Helen Szoke said that applicants would have to prove clinically that they were unable to have intercourse, possibly through psychiatric assessment. However, as The Age observed in an editorial, most doctors would probably rubberstamp such a request.

Opposition leader Denis Napthine will try to block the guidelines. He has the support of independent MP Russell Savage, who says the authority's move is outrageous. Remarkably, there were no protests from lesbian groups at the implication that their sexual orientation was a psychological illness. -- The Age, Nov 15 top

Sperm donors / NSW children to trace genetic fathers
NSW children conceived through donor sperm, eggs or embryos would have a right to information about their biological parents under proposed legislation. The government is expected to set up a register allowing access to the donor's name when children turn 18, and other information earlier. Similar provisions are already in place in Victoria.

About 2,000 children are born through donor insemination each year in Australia. It is estimated that only one in ten is told about his or her biological father. According to Geraldine Hewitt, an 18-year-old with a donor father interviewed by the Sydney Morning Herald, 43 out of 46 people she interviewed for a HSC project admitted to questioning their identity because they did not know their biological parents. Many discovered how they were conceived only after their fathers had died or in the heat of an argument. -- Sydney Morning Herald, Nov 12 top

Confidentiality / Genetic privacy paper released
A 442-page discussion paper on confidentiality and genetic information was released this week. The document, from the Australian Law Reform Commission and the Australian Health Ethics Committee, makes no recommendations or proposals, but raises 68 issues and describes some controversial scenarios. These include DNA testing for Aboriginals claiming benefits or native title and for asylum seekers claiming to be a member of an ethnic group.

The paper is the first step in a public inquiry about protecting human genetic information which will be completed in June next year. The inquiry follows many warnings that a genetic underclass could be created if people are refused insurance because of apparent health or lifestyle risks. The paper is available at www.alrc.gov.au. -- The Age, Nov 15

  • Digital medical records also place patient privacy at risk. In the US, detailed psychological records of at least 62 children and teenagers were accidentally posted on a University of Montana website recently. They described patient visits and offered diagnoses of mental retardation, depression, schizophrenia and other serious conditions.

    "That's the danger with having all of these electronic records," said a former president of the American Psychiatric Association. "If you push the wrong button or put something in the wrong spot on your web site, it [can mean] immediate distribution of a massive amount of private medical information." A few health care providers offer a paper records option, but more and more often, US insurers and health maintenance organisations rely upon routine transfers of digitised records. -- Los Angeles Times, Nov 7 top

    Stem cells / Blow to UK cloning law
    The English high court has ruled that cloned embryos are not covered by existing laws. Hence they are not protected by the meagre safeguards in place for embryos created by the fusion of sperm and eggs. In a suit brought by pro-life advocates, the court effectively ruled that a 1990 act was inadequately worded and did not control cloning at all. "The law as it stands at the moment is so full of loopholes and uncertainties that scientists could go right ahead and clone human embryos without any restrictions and without any possible sanction from the government," the director of the Pro-Life Alliance told the BBC. The judgement, if upheld, will force a reopening of the debate on the scientific and medical use of human embryos when the government presents a bill to close the loophole. -- BBC, Nov 15

  • In a separate development, one of the creators of Dolly the cloned sheep has called for an independent inquiry into the ethics of human cloning. Dr Harry Griffin, of the Roslin Institute near Edinburgh, said, "the argument over the safety of the technique has simply bought time. It may be that the technology will improve to the point where some might consider it to be safe... [W]e need to produce a clear view and organise our arguments against cloning more clearly than they are now." Dr Griffin has been prominent in attacks on the work of Italian fertility expert Dr Severino Antinori, who has claimed that he will soon produce the world's first cloned human. -- Scotland on Sunday, Nov 11

  • And on the Continent, the European Parliament has approved funding for research on "spare" IVF embryos, as well as research on existing stocks of embryonic cells. However, it opposed the creation of embryos for research, reproductive cloning and altering germ cells. -- Euro-Fam, Nov 15 top

    In brief / Americans get organs of Chinese convicts...
  • Transplant experts are concerned about the growing number of Americans who travel to China for organ transplants obtained from executed prisoners and then convalesce back home, with their bills covered by government programs. US transplantation doctors oppose organ donations by prisoners because it is impossible to ensure free consent. A bill has been proposed to bar Chinese transplant specialists from entering the country. But doctors say that it will be impossible to stem the flow of prisoner organs to the US because both Chinese supply and American demand are growing. -- New York Times, Nov 11

  • Japan Tobacco, maker of the Camel, Winston and Salem cigarette brands, could make billions of dollars from diseases caused by smoking its products. It has made deals with biotech companies for exclusive rights to market future lung cancer vaccines. "[This] is like putting Dracula in charge of a blood bank," said a spokeswoman for GeneWatch UK, a group which uncovered the deals. Health experts are also worried that a lung cancer vaccine could make smokers complacent, even though it would not prevent other diseases, like heart disease and emphysema. -- The Observer (UK), Nov 11

  • A UK couple has been awarded more than 1 million pounds damages for their IVF quadruplets. Three of the children are disabled and the fourth died at birth in 1992. The mother claimed that she conceived quads because the IVF process had not been properly monitored. Furthermore, she contended, she had not been made aware that she could lawfully have aborted two of the unborn children. In that case, she would have been left with healthy twins. -- BBC, Nov 12

  • An American car smash victim was kept on life support for more than six months so that his sperm could be retrieved to father a child, according to a report in the October issue of the journal Fertility and Sterility. The woman had already aborted a child earlier that year because of medical complications, but she had planned to conceive another. Her husband's sperm was used to create three embryos, but only one was transferred, which was born as a healthy boy. The case, which happened in 1996, was regarded as highly unusual by the doctors because the wife did not have an advance directive authorising the procedure. -- Reuters, Nov 14 top

    Interview / "Death is inevitable, but severe suffering is not"
    The New York Times recently interviewed the woman who founded the first American pain service in a cancer centre. Dr Kathleen M. Foley is the director of the Project on Death in America, a US$45 million effort to alter the culture of dying through initiatives and research. Below are some excerpts.
    Q. What are some of the obstacles to providing palliative care to cancer patients?
    A. They're multiple. But they begin with the fact that it has not been given a high priority at the National Cancer Institute. We have been so focused on the research for cure, we have not done the research for care. Less than 1% of the NCI's annual US$2.9 billion budget goes to researching care.

    Q. Are doctors and medical staff receiving training in palliative care?
    A. That's a second piece of this. Symptom management has not had a high priority in the training of medical oncologists and specialists or of medical students in general. There are at the present time about 19 palliative care fellowship programs in the country. Moreover, studies have shown that less than 1% of standard medical textbooks had any chapter that focused on things like end of life care, pain management, the psychological needs of patients with advanced disease, or the importance and role of the family in caring for a patient with serious disease...

    Q. Do nursing schools do a better job than medical schools at training students in palliative care?
    A. We thought because of their emphasis on patient care they might, but they don't -- the nursing textbooks are just as woefully inadequate as the ones for medical students...

    Q. Are patients themselves part of the problem, when it comes to inadequate treatment of symptoms?
    A. Absolutely. One of the issues we've come to recognise is that patients think that suffering is a normal part of their treatment. They have low expectations for its being better and don't know how to advocate for better care... top



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    Australasian Bioethics Information
    ISSN 1446-2117
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    Director: Dr Amin Abboud
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