What is Oncofertility research doing to clarify legal issues in respect to fertility procedures?
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Gregory Dolin, M.D., J.D. John M. Olin Fellow in Law
Oncofertility Consortium
Feinberg School of Medicine, Northwestern University
In some ways, I wanna sum up what I’ve been saying. In a lot of ways, what I’m saying may not necessarily have been very much. I tried not to sort of give [SOUNDS LIKE] hard and fast rules precisely because there aren’t any. And a lot of these are very, very much gray areas of the law. And so, there is a bunch of people including myself working on this right now. What I mentioned that we are writing a paper specifically to address the issues of the law and disposition of these frozen tissues, the law of consent on behalf of minors, the law on what to do on research. And what really we’ve been discovering is that the courts, and let’s just say generally speaking, very hesitant about doing anything that would limit the reproductive freedoms in the sense that limit potentiality of someone to excuse me limit someone’s ability to have children in the future. Which is why I like to mention parents can sterilize their children.
Which is why, oftentimes for example, there was a case in California when a man banks his sperm and then passes away, the courts really tried their best to enforce his wishes. So, in that case, it was pretty clear that he wished the sperm to go to his girlfriend, a longtime girlfriend. And even though his family, his surviving family opposed that and then a wish the girlfriend to have additional children by this man, the court really tried to enforce the wishes of this individual who passed on. And so that is really what we’ve been discovering. The courts have really been very protective about the wishes of individuals and what to do with their gamuts and with their reproductive abilities. How that’s gonna affect minors who can’t express those wishes is really a very much an open question. And in some ways this is we are gonna be helping the patient, the patient is gonna be helping us because they’ll be seeking that treatment and they’ll be getting it in some cases. But then somehow, it will all end up either in the legislatures or in the courts for one reason or another and we’ll be getting the feedback.
