A doctor, a sex offender, and in vitro fertilization: A dilemma

Abstract

This study examines the legal issues surrounding a case in which a man, with a history of sexual and other serious offences, disclosed to a forensic psychiatrist that he and his wife were receiving in vitro fertilization (IVF). It explores the extent to which potential clients for IVF treatment have their suitability assessed. The requirements that the Human Fertilization and Embryology Authority places upon IVF clinics are reviewed. Assessment should go beyond purely medical considerations and must take into account the welfare of any potential child. Clients may be provided with IVF treatment although the IVF clinic does not have sufficient information to reach a considered decision. Some clients for IVF treatment may wish to avoid the assessment procedure. In the case described here, the psychiatrist believes that the IVF clinic is unaware of a man's offending behaviour and that this information should be included in their assessment. The couple refuse to allow the psychiatrist to liaise with the IVF clinic. This dilemma is explored. Suggestions to improve current practice are made.

Key Words:

• confidentiality
• duty of care
• sex offending