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ASRM Files Amicus Brief in Texas Embryo Case
For Immediate Release
Washington, DC - The American Society for Reproductive Medicine (ASRM) has filed an amicus curiae (friend of the court) brief in the case of Antoun v Antoun, which is pending before the Texas Supreme Court.
The case involves a now-divorced couple who had two children using in vitro fertilization (IVF) while married. At the time of their divorce, the couple had three additional embryos that were frozen and stored during the IVF process. As part of the informed consent process prior to treatment, the patients signed a form indicating their wishes for the disposition of the embryos in the event of divorce. One of the patients is now seeking to undo that agreement and use those embryos. Both the trial court and the Court of Appeals of Texas rejected that attempt. The petitioner has now appealed the decision to the Texas Supreme Court.
In its brief, ASRM discusses how the IVF process works, including the need for strong informed consent and agreement on how to deal with any embryos that are in excess of the patient's immediate clinical need. ASRM’s brief says, “These agreements give patients control over the disposition of their embryos and honor patients' choices and autonomy over how they would like to handle their frozen embryos in the future.”
The brief pointed to a recent real-world example of the devastating impact an ill-informed decision can have on these matters. “We recently saw what happens when a state’s highest court rules, as Alabama’s did, that embryos created via IVF and existing only in a frozen state outside of a uterus, are ‘children’… If this court holds that a frozen embryo is a legal ‘person,’ Texas fertility clinics will similarly be thrown into legal limbo and may be forced to stop providing IVF services.”
Paula Amato, MD, President of ASRM, said, “It is imperative that policymakers, from all branches and all levels of government, understand the real-world implications of their decisions. Caring for fertility patients is complex. Judges need to recognize that complexity and the impact their decisions could have on patients and providers when these cases come before them. We at ASRM are deeply committed to doing our part to help policymakers understand the medical facts as they grapple with policy questions.”
Read the full amicus brief
For almost a century, the American Society for Reproductive Medicine (ASRM) has been the global leader in multidisciplinary reproductive medicine research, ethical practice, and education. ASRM impacts reproductive care and science worldwide by creating funding opportunities for advancing reproduction research and discovery, by providing evidence-based education and public health information, and by advocating for reproductive health care professionals and the patients they serve. With members in more than 100 countries, the Society is headquartered in Washington, DC, with additional operations in Birmingham, AL. www.asrm.org
For media inquiries regarding this press release contact:
Sean Tipton
ASRM Chief Advocacy and Policy Officer
E: stipton@asrm.org
Anna Hovey
Advocacy Engagement Specialist
E: ahovey@asrm.org
J. Benjamin Younger Office of Public Affairs
726 7th St. SE
Washington, DC 20003
Tel: (202) 863-2494
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The Ethics Committee recommends that in vitro fertilization (IVF) centers develop patient-centered policies regarding requests for futile treatment. View the Committee Opinion![Document Icon](/globalassets/_icons/document.png)
Blastocyst culture and transfer in clinically assisted reproduction: a committee opinion (2018)
The purposes of this document is to review the literature regarding the clinical application of blastocyst transfer. View the Committee Opinion![Document Icon](/globalassets/_icons/document.png)
The role of immunotherapy in in vitro fertilization: a guideline (2018)
Adjuvant immunotherapy treatments in in vitro fertilization (IVF) aim to improve the outcome of assisted reproductive technology (ART) in both the general ART population as well as subgroups such as patients with recurrent miscarriage or implantation failure. View the Committee Opinion![Document Icon](/globalassets/_icons/document.png)
Performing the embryo transfer: a guideline (2017)
A systematic review of the literature was conducted which examined each of the major steps of embryo transfer. Recommendations made for improving pregnancy rates are based on interventions demonstrated to be either beneficial or not beneficial. (Fertil Steril® 2017;107:882–96. ©2017 by American Society for Reproductive Medicine.) View the Committee Guideline![Document Icon](/globalassets/_icons/document.png)
Best practices of ASRM and ESHRE: a journey through reproductive medicine (2012)
ASRM and ESHRE are the two largest societies in the world whose members comprise the major experts and professionals working in reproductive medicine. View the Committee Joint Guideline![Membership Icon](/globalassets/_icons/membership.png)
In Vitro Maturation Special Interest Group (IVMSIG)
IVMSIG strives to define the best strategies to optimize IVM outcomes. Learn more about IVMSIG![Advocacy Icon](/globalassets/_icons/advocacy.png)
What support for IVF looks like
Bipartisan support for IVF, that is responsible for the birth of over 2% of all babies born in the USA each year, will ensure that families continue to grow. View the advocacy resource![Advocacy Icon](/globalassets/_icons/advocacy.png)
It takes more than one
Why IVF patients often need multiple embryos to have a baby View the advocacy resource![Advocacy Icon](/globalassets/_icons/advocacy.png)
Oversight of IVF in the US
In the US, medical care is regulated by a complex and comprehensive network of federal and state regulations and professional oversight. View the advocacy resource![Advocacy Icon](/globalassets/_icons/advocacy.png)