Rights of Fertility Clients

1. Relationship with Fertility Clients

1.1 Fertility Clients and Service Providers are partners in the fertility process and should treat each other as such to promote respect and provide protection against all possible and potential risks.

1.2 The criteria for selecting Fertility Clients should be fair. Services to Fertility Clients should be on a non-discriminatory basis.

1.3 The relevant social, cultural and historical background of the Fertility Clients should be taken into consideration and given appropriate importance in the planning and conduct of services.

1.4. Service Providers should not impede the autonomy of Fertility Clients by resorting to coercion, promise of unrealistic benefits or inducement.

1.5 Fertility Clients must retain the right to change their decision or withdraw their consent given earlier, at any stage of the process without assigning any reason.

2. Informed consent

2.1 Voluntary and informed participation of Fertility Clients is necessary due to the medical and financial issues involved.

2.2. Consent is voluntary and informed only when given without any direct/indirect coercion and inducement, and is based on adequate briefing about the details of the problem to be addressed and the services to be provided.

2.3. The verbal and written briefing of the Fertility Clients should include the following details:

(i) Purpose of services: The goal and objective of the proposed services should be presented in simple local language.

(ii) Identity of the Service Providers: Name and address, phone number and email of provider(s), the corporate identity, if any, and the main contact person of the Provider.

(iii) Identity of others associated with the Provider: Name(s) and address of partners and chief consultant(s), if any.

(iv) Harms and benefits: The possible, anticipated and potential benefits and/or harms (direct/indirect, immediate/long term) of the services to the Fertility Client.

(v) Privacy, anonymity and confidentiality: Information on the extent of privacy, anonymity and confidentiality that will be provided to the Fertility Client. This must include, at minimum, the firm commitment that privacy, anonymity and confidentiality of personally identifying information will be strictly maintained. The Fertility Client must provide consent, when Client's personally identifying information has to be shared with individuals not in the Provider's organization.

(vi) Future use of information: The future possible use of the information and data obtained, including use as a database, archival research or for educational purposes, as well as advertising, should be made known to the Fertility Client. Such use should be only of anonymous or abstracted information and data, and should in no way conflict with or violate the maintenance of privacy, anonymity and confidentiality of information identifying Fertility Clients.

(vii) Right not to participate and withdraw: Fertility Clients should also be informed about their right to decline participation outright, or to withdraw consent given at any stage of the services.

(viii) Right to get help: The Service Provider should refer the Fertility Clients to all persons who can help the Client.

2.4. Non-disclosure of all information: In some specific situations it may not be possible to deliver services if all details of those services are revealed to the Fertility Clients. This may be due to genuine difficulties in contacting the Fertility Client or a possibility of affecting change in behavior or responses. In such cases, the following should be done:

(i) A detailed justification for not revealing all necessary information must be provided in the Client's file to be available for peer and ethical reviews if requested.

(ii) Even if a peer review process determines that some of the information need not be revealed, Fertility Clients must be provided all information regarding physical risks, discomfort, unpleasant emotional experiences, or any such aspect that would be a major factor in taking the decision to continue as a Client.

2.5. Consent where third parties are involved: In some situations there may be a need to contact the Fertility Client through a new form of communication.  The following care must be taken in such situation:

(i) Permission from the Fertility Client must be sought for all forms of communication, telephone, message services, email and snail mail especially when third parties may intercept such communication.

(ii) Adequate care should be taken to ensure that the relationship between third parties and the Fertility Client is not jeopardized while providing services.

(ii) Greater care should also be exercised in protecting the Fertility Client and their interests while publishing and disseminating information to the public, including through written or electronic forms of communication, ie., blogs.

3. Privacy, anonymity and confidentiality

3.1. Anonymity and confidentiality are the right of all Fertility Clients. The degree and method of identification lies with the Client.

3.2. Possibility of the breach of confidentiality and anonymity should be anticipated, addressed and explained to the Fertility Clients.

3.3. Appropriate methods should be devised to protect the data collected.  These methods are also essential to ensure the validity of the data received.

3.4. The obligation to maintain privacy, anonymity and confidentiality extends to all employees and associates of the Service Providers who have access to the Fertility Client's information.

3.5. While deciding on what information should be regarded as private or confidential, the perspective of the Fertility Client on the matter should be taken.

3.6. Service Providers should maintain appropriate anonymity and confidentiality of information in creating, storing, accessing, transferring and disposing of records under their control, whether these are written, automated or in any other medium.