Genetics, Reproduction and the Law
Genetics is a fast moving area of medical and scientific research, the
results from which are challenging our ideas about who we are, and the
roles that science and medicine can, should and will play in our lives.
Availability of genetic information and diagnosis, as a consequence of
the advances in genetic research and testing, have wide ranging
implications, including issues for individual patients, and by
extension, their genetically-related family members.
In this module, various approaches to assisted reproduction are
explored, as are the 'reproductive torts' - forms of negligence action
related to issues of reproductive counselling. The material also
provides an overview of the basic structure and nature of the new Human
Fertilisation and Embryology Act 2008, and the revised powers and
procedures relating to assisted reproduction that are vested in the
Human Fertilisation and Embryology Authority.
Aims & objectives
To discuss the moral, ethical and legal issues and questions which
arise in relation to the genetics, and in particular, 'treatments' of
genetic disease;
Examine the issues of consent and confidentiality from the perspective
of individuals and their genetic relatives - after genetic information
becomes available; and
Highlight and discuss important aspects of the relevant statute in terms
of clinical practices and patient counselling, while considering the
implications that all these practices potentially have on patients'
families.
Learning outcomes
By the end of this session, you will be able to:
Formulate an opinion as to whether assisted reproduction should be more
generally available, and evaluate ideas as to who, if anyone, should be
denied access to assisted reproduction treatments and services;
Consider where the appropriate balance might be (both legally and
ethically) between the protection of genetic information about a
patient, and the 'right to know' (or not know) of genetically-related
family members; and
Understand basic features of the HFE Act and Authority, and the legal
structure of assisted reproduction in the United Kingdom.
Examples of the questions explored in this module
When, if ever, should a doctor breach the duty of confidentiality in the
context of genetic information that has come to light about another
family member?
What factors are significant in determining whether you have a duty to
disclose confidential, personal genetic information about a patient to a
'blood relative' who might be at risk?
Take-away Toolkit
Overview of critical factors for dealing with competing claims to
genetic information, and requests for genetic testing, that can be
applied to patient counselling.
