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Mandatory counseling for gamete

donation recipients: ethical


dilemmas
Jean Benward, M.S.
San Ramon, California

Mental health professionals have engaged in mandatory pretreatment counseling and assessment of patients seeking treatment at IVF
programs in the United States since the 1980s. At present, most recipient patients undergoing IVF with egg or embryo donation in the
United States are required to meet with a mental health professional for one pretreatment session. Mandatory counseling of gamete
recipients is fraught with ethical questions for the mental health professional. Attention to is-
sues of autonomy, confidentiality, role clarity, along with self-evaluation and openness with the
patient can help lessen the impact of these ethical challenges. (Fertil SterilÒ 2015;104:507–12. Use your smartphone
Ó2015 by American Society for Reproductive Medicine.) to scan this QR code
Key Words: Counseling, ethics, mental health professional, gamete donation recipients and connect to the
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his article examines first how

T
technology (ART) can add to the psy- gatekeeper to screen out possibly un-
mandatory or required counseling chological strain. Research has also stable patients (2). Although profes-
for gamete recipient patients rai- shown that psychological counseling sional guidelines at that time did not
ses several ethical concerns, including for patients with infertility can provide address counseling for patients under-
implications for patient autonomy, effective assistance, reduce levels of going donor insemination (DI), manda-
informed consent, confidentiality, non- anxiety and depression, increase tory pretreatment counseling for donor
maleficiance, and fairness. Second, it coping, and improve the quality of life. sperm recipients was instituted in
explores how mandatory counseling rai- Less recognized is that mental several, primarily academically based,
ses questions about autonomy for health professionals have engaged in ART programs in the early 1990s
mental health professionals, with a final mandatory pretreatment counseling (3, 4). Over time with the expansion of
look at how mental health professionals and assessment of patients in IVF pro- IVF and reassurance that patients with
can identify, address, and resolve ethical grams in the United States for more infertility presented no more evidence
conflicts. than two decades. One of the first arti- of psychopathology than any other
The value of counseling and psy- cles describing a role for the mental group, most ART programs moved
chological support in fertility care has health professional in an IVF program away from mandatory pre-IVF
been recognized for some time. A large appeared in 1984 (1). The use of counseling.
body of psychological research has mandatory counseling arose in part Since its introduction >25 years
confirmed that infertility is stressful, out of the uncertainties associated ago, IVF with oocyte donation has
constitutes multiple losses, and evokes with starting the first IVF programs in become highly successful. But its intro-
a wide range of emotional responses the United States and the unknown duction into ART programs has been
that include sadness, depression, anxi- psychological effects of IVF treatment. accompanied by questions about its
ety, grief, and isolation. Furthermore, The mental health professional could social, legal, and ethical acceptability.
the experience of assisted reproductive then serve as a safety mechanism or Thus, as with the introduction of IVF
in the 1980s, the advent of oocyte
Received May 4, 2015; revised July 20, 2015; accepted July 21, 2015; published online July 31, 2015. donation prompted concerns about
J.B. has nothing to disclose. psychosocial screening and counseling
Reprint requests: Jean Benward, M.S., 18 Crow Canyon Court, Suite 305, San Ramon, California 94583
(E-mail: jeanbward@sbcglobal.net). of patients seeking oocyte donation.
The involvement of mental health pro-
Fertility and Sterility® Vol. 104, No. 3, September 2015 0015-0282/$36.00 fessionals in mandatory counseling has
Copyright ©2015 American Society for Reproductive Medicine, Published by Elsevier Inc.
http://dx.doi.org/10.1016/j.fertnstert.2015.07.1154 grown with both the increase in ART

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cycles using donated gametes and with professional recom- be part of the treatment. Hakim et al. (10) surveyed 69 couples
mendations that ‘‘patients may benefit from psychological undergoing treatment who were required to attend a psycho-
counseling’’ (5). social counseling session before treatment. The majority
Counseling, screening, and educating patients about the anticipated the session would be beneficial. After the session,
implications of gamete donation has become a central recom- views were significantly more positive. The majority (>95%)
mendation for pretreatment counseling in guidelines issued in found the session to be helpful and informative. A Swiss study
the United States, United Kingdom, Australia, New Zealand, (11) reported that when a routine pre-IVF counseling session
and Germany, among other countries. Internationally, there was expected (although not required), most patients followed
remains considerable variation in recipient counseling, through with counseling. Of those who had not planned on
ranging from legislated, recommended, or minimal (6). attending, 86% found it helpful. Among those who had
Currently, most recipient patients in the United States who already wanted to attend a session, 95% found it helpful.
undergo IVF with egg or embryo donation are required to The researchers also found that when all patients were ex-
meet with a mental health professional for one session pre- pected to see a counselor, it was normalized and more accept-
treatment. Both the psychological literature and professional able than if counseling was required only for some patients
guidelines describe multiple goals for the mental health pro- (11). The study by Daniluk and Leader (12) of 43 infertile cou-
fessional who counsels gamete donation recipients. These ples found that most men and women believed there was a
include education, counseling, and assessment/evaluation need for psychological services.
(7). Thus, since the first ART programs, mental health profes- There is additional research on how gamete recipients
sionals have been positioned as potential or actual view the requirement to attend a counseling session. A 1994
gatekeepers. study of couples planning treatment with DI found that the
majority believed psychological counseling should be manda-
ETHICAL CONSIDERATIONS tory (13). An Australian study (14) found that when gamete
recipient patients were required to attend a counseling ses-
Although there is general agreement about the importance of
sion, they typically found it beneficial and subsequently
counseling for recipients, the decision whether to require it
had a positive attitude about the experience. A U.K, researcher
has been left to individual programs in the United States
found that some patients wished the counseling was required
without a profession-wide debate about the ethical
(15). U.S. research indicates that gamete donation recipients
implications.
typically express the need for support and wish for assistance,
especially in discussing disclosure. Shehab et al. (16) found
Patient Autonomy and Harm to the Patient that most couples recognized the potential value of coun-
Mandatory counseling can take away the recipient's self- seling; some had not recognized a need for counseling during
determination or autonomy in choosing whether to engage treatment but in retrospect wished they had received it. Hersh-
in pretreatment counseling and has the potential to add berger et al. (17) found that women using oocyte donation
harm. For some patients, counseling becomes an obstacle to found counseling helpful.
overcome to receive treatment, requiring them to take more Despite widespread agreement among professionals and
time off work, drive a distance, and pay additional costs. In patients that infertility counseling is beneficial, the uptake
addition, patients often feel that they do not need to talk to rate when offered but not required, can be very low (18). There
a mental health professional. Perhaps surprisingly, many pa- are many reasons, including cost, time constraints, stigma,
tients with infertility have never engaged in counseling uncertainty about what counseling involves, protection of
before. Associating counseling with the stigma of mental privacy, and fear of what the counselor might think. Another
illness, they are often nervous and resentful for being singled factor that influences uptake is how the recommendation or
out just for needing ART to become parents. For some, it is referral is made. Patients are more likely to follow through
culturally foreign and embarrassing to discuss personal feel- if the recommendation is made personally by their physician,
ings with a stranger. Although patients report diverse opin- and when the benefits of counseling are explained. The
ions about mandatory recipient counseling, the criticisms research then suggests that if not required to attend a coun-
typically reflect concerns about cost, loss of choice, and seling session, many patients will not do so, although those
paternalism (8). attending find it helpful (10, 18, 19).
Although mandatory counseling impacts patient auton-
omy and intrudes on confidentiality, there is reason to believe
Values and Utility that counseling can be beneficial. Arguably, the paternalism
Despite the potential negative impacts, there are arguments in implicit in mandated counseling is limited in scope and serves
favor of mandatory counseling based on the notion of utility: ultimately to maximize the patient's autonomy and decision-
an action that benefits the patient. The strongest evidence in making about family building with donated gametes.
support of required pretreatment counseling comes from
research about patient attitudes. There is evidence that
patients who participate in required counseling before an Egg Donation Recipients versus Sperm Donation
IVF cycle find it helpful and feel positive about the coun- Recipients
seling. Hammarberg et al. (9) found that most women who at- The notion of justice requires us to give equal consideration
tended mandatory pre-IVF counseling thought that it should to and provide equal opportunities for counseling.

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Historically, counseling guidelines for sperm donation recip- patients about disclosing donor conception to their children
ients and oocyte donation recipients have not been equiva- (23). In keeping with this, discussion of disclosure has become
lent. The American Society for Reproductive Medicine 1997 a central piece of pretreatment counseling.
guidelines for sperm donation recipients stated, ‘‘Patients Counseling patients about disclosure presents the mental
may benefit from psychologic counseling to aid in this deci- health professional with an ethical dilemma. Although pro-
sion.’’ In contrast, for oocyte recipients, guidelines recom- fessional guidelines promote an ethical obligation to discuss
mended ‘‘psychological screening of the recipient and and even recommend disclosure, can a counselor do this
partner’’ (20). In the 2002 revision of the Practice Guidelines, without imposing professional and personal values on the pa-
the recommendations for counseling were similar. However, tient? It is axiomatic that fertility counselors avoid harm by
guidelines for donor sperm recipients were listed under not imposing their beliefs and values, but in reality disclosure
Recipient Guidelines, whereas the recommendations for is not a topic about which most mental health professionals
oocyte recipients started in a separate section called Psycho- are neutral. Furthermore, mental health professionals
logical Evaluation (21). approach disclosure counseling in multiple ways, from the
Although the guidelines subsequently became equivalent, nondirective to the prescriptive.
other factors surrounding the use of donor gametes continue Issues surrounding whether and how to disclose the use of
to lead to differential referrals for counseling. The cultural el- donor gametes are among the most complex and emotionally
ements that make sperm donation different begin with the charged issues for both the patient and the mental health pro-
much longer history of secrecy and stigma compared with fessional. It is with regard to disclosure counseling that
egg donation. Widening the difference is that male factor patients most often express dissatisfaction. Patients have ex-
infertility is hidden, less acknowledged, and less discussed pressed a desire for counseling that is more individualized,
in society. Both historically and currently, it would appear rather than being directed to disclose (15, 24). They do not
there has been an implicit, if not actual, hierarchy in how re- like counseling where they feel pressured to disclose (16).
ferrals for counseling have been made (personal communica- Hershberger et al. (17) report that although the women in
tion, Ethics Committee, IVF Program; (15)). At present, the their study found counseling helpful, several ‘‘openly
recipients of donated oocytes and embryos are more questioned the disclosure recommendations made by mental
frequently referred for mandatory counseling before treat- health professionals.’’ Adair and Purdie (25) suggest that
ment than sperm donor recipients within the same program even when couples are encouraged to disclose, they may
(personal communication, Ethics Committee, IVF Program). not do so.
In a study of 142 couples in northern California who had The research findings suggest that disclosure counseling
used either sperm or egg donation, researchers found that is most helpful when patients/parents have an interest in
DI couples tended to receive no counseling at all before treat- learning more (26). There is no clear evidence that counselor
ment, whereas most oocyte recipients received a counseling recommendations influence patient behaviors when recipi-
session mandated by their clinic (16). ents do not plan to disclose (27).
The referral for counseling is further influenced by the
type of assisted conception and by the institutional context.
There are significant differences between IVF programs and Impact of Mandatory Counseling on the Mental
sperm banks, for example. Most sperm banks will provide Health Professional
resource information and referral to mental health profes- There is a relative lack of practice-based research on how
sionals for those intended parents who request it. No sperm mental health professionals manage and experience the com-
bank in the United States, however, requires recipient coun- plex nature of their helping roles, and specifically how they
seling before the use of donor sperm. The inconsistency un- promote patient autonomy while working with patients
dermines the counseling needs of donor sperm recipients. mandated for counseling. A 2013 study of the role of coun-
This is especially concerning as heterosexual couples express selors in UK treatment programs described the counselors'
greater discomfort and negative expectations about using experience of role tension. Counselors were expected to pro-
donor sperm than donor oocytes (22). Although the difference vide implications counseling and assessment counseling. One
in IVF clinic and sperm bank practices is not likely to change, reflected, ‘‘This [assessment] is completely away from my
a greater effort can be made to equalize the treatment of counseling side.the patient considers you to be a judge.’’
sperm donor recipients and egg and embryo donor recipients (28). Mental health professionals describe the tension stem-
within programs. ming from a role that is defined in different and sometimes
competing ways—not only by other members of the treatment
team—but also among mental health professionals them-
ETHICAL CHALLENGES IN DISCLOSURE selves. The work of mental health counselors with gamete
COUNSELING donation recipients has been described in the literature and
In recent years, in the United States and other developed in discussion as pretreatment counseling, evaluation for suit-
countries, disclosure of donor conception to the offspring ability/stability, assessment of psychological readiness, psy-
has been supported by professional recommendations (23). choeducation, and assessment of psychopathology (7).
Concomitantly, several associations of fertility counselors in A related concern focuses on the potential role conflict
the United States, United Kingdom, Canada, Australia, New when serving several stakeholders at once: the patient, the
Zealand, and Germany have recommended counseling IVF program, and the needs of the treatment team. Given

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how variously the role of the mental health professional has ment. Such feedback raises issues of confidentiality and the
been defined, the treatment team may have specific expecta- patients' comfort level in discussing their feelings and
tions of the mental health professional that may or may not thoughts. To the extent possible the mental health profes-
coincide with the mental health professional's view of his or sional's communication with the donor program should be
her own ‘‘job description.’’ The role strain or conflict is further transparent, and the patients should be offered a copy of
shaped by the context within which the mental health profes- any report. If the mental health professional is not expected
sional's power or influence can vary considerably. to write a lengthy report, then a brief statement of the topics
Another concern noted by counselors in the United States discussed and the patients' desire to go forward should be suf-
and in the United Kingdom centers on how the counseling is ficient to document the counseling and preserve confidenti-
framed for the patients. Often the potential benefits of coun- ality. When deciding what to record and report back, the
seling are not made clear to patients, nor is the counseling mental health professional should imagine all the people or
necessarily presented by the clinic staff as helpful and appro- agencies, including the patient, who might eventually have
priate (15). Instead, patients are frequently given a checklist of access to the patient's record.
pretreatment requirements and reminded to see a counselor
for ‘‘psych clearance’’ or ‘‘psych eval.’’ The resulting lack of
clarity exacerbates the patients' wariness about counseling Focus of Counseling
and their fear that they might be found unsuitable. Many Although experienced professionals have described their
patients during the years have ended a session with the ques- work with gamete donation recipients in a variety of ways,
tion, ‘‘So, did I pass?’’ from assessment to counseling, increasingly mental health
professionals (including the author) see this meeting as an op-
portunity for psycho-educational or implications counseling:
PRACTICE IMPLICATIONS AND
an opportunity for patients to consider the many issues that
RECOMMENDATIONS could potentially arise from the use of donated gametes.
Patient Autonomy and Informed Consent Nonetheless, many mental health professionals continue to
Much of the writing about health care ethics has addressed describe their work with recipients as ‘‘assessment,’’ although
issues in the relationship between health care providers and the purpose of the assessment is defined variously. One of the
patients, where informed consent is an essential part of pa- results has been the conflation of counseling with assessment,
tient autonomy and a bioethics cornerstone. What does as can be seen in current guidelines (5).
informed consent mean in the context of mandatory coun- It can be argued that there is no ethical justification for
seling? It helps to think of the patient as an active partici- requiring an assessment of those who are receiving donor
pant in the decision-making. As we have seen, mandated gametes from anonymous donors, in the absence of a specific
counseling interferes with the patient's autonomy and concern about a patient's psychosocial functioning and sta-
choice about whether to meet with a mental health profes- bility. This seems especially sound, as studies have shown
sional, with implications for the patient and the mental gamete donation recipients to be psychologically healthy
health professional. (29). We should assume that gamete recipients have the ca-
One remedy is to acknowledge to the patient the lim- pacity to make decisions about their treatment. Some would
itations placed on his or her autonomy to choose coun- argue that the dual role of counselor/evaluator is necessary
seling (or not) and then begin a process of negotiated and appropriate in these mandated referrals. Although coun-
consent that allows the patient to be an active participant selors often reference the need to consider the welfare of the
in the consent process. For instance, a consent form with child in assessing patients, it is doubtful that a 60- to 90-
a list of what information may be shared with whom pro- minute session will provide the information needed. Adoption
vides the patient with an opportunity to withhold consent evaluations and home studies or custody evaluations typi-
to sharing some types of information. The counselor also cally take hours and may include psychological testing.
needs to acknowledge that because the patient is required Furthermore, we simply have no tested and reliable tools for
to attend, he or she may have some concerns about what determining ‘‘fitness to parent.’’ We serve patients the best
is shared. In keeping with this, the mental health profes- when we can figure out what kind of help the patient seeks
sional should clearly communicate his or her intent with and how to provide it, including information about resources,
explicit discussion of the limits of confidentiality. This books, groups, and internet sites. To the extent that the ses-
means explaining what type of information the mental sion revolves around assessment, opportunities to help may
health professional will share and with whom before the be lost. It is well recognized that there are times when a pa-
counseling begins. Furthermore, it means explaining the tient's behavior or history can raise serious concerns about
implications of the information and what impact, if any, his or her childrearing ability. In these cases, which appear
it might have on the patient's treatment plan. Finally, to be infrequent, the patient's behavior or history is more
the mental health professional must be clear about his likely to surface in the midst of counseling or interactions
or her dual role, one with responsibilities to the patient with other team members, than in any specific evaluation
and the referring program. or assessment (30). Although the disturbed or unstable patient
Most IVF programs that require a pretreatment meeting would understandably compel the mental health professional
ask for feedback from the mental health professional, either to switch roles from counselor to evaluator, there is still
in a short note that verifies attendance or in a longer docu- debate about how this is best carried out.

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Disclosure Counseling In conclusion, although arguably paternalistic, manda-


Before counseling patients about disclosure, counselors have tory counseling is premised on the belief that patients and
an ethical duty to examine their feelings about disclosure and their future families will benefit from the intervention and
‘‘secrets.’’ What are their personal feelings about secrecy and that acquiring information will foster choices. Although
the keeping of secrets? How have secrets operated in their circumstances might compel a mental health professional
family? And what about the counselor's potentially negative to assume the role of counselor and evaluator at the
feelings toward a patient who opts not to disclose? As dis- same time, the surrounding problems argue for its avoid-
cussed in Evan Imber-Black's book, Secrets in Families and ance whenever possible. However, rigorous separation of
Family Therapy, we all have a position about secrets, and the counselor/evaluator role is difficult, if not impossible,
we all have a position about our position—namely that ours in working with mandated clients. Each mental health pro-
is the correct one (31). The best aid for discussing disclosure fessional will need to navigate this terrain. Although there
is the counselor's awareness of his or her feelings, ideas, is value in mandatory counseling of gamete recipients, it is
biases, and reactions to the presence of secrets. Without this fraught with ethical landmines for the mental health pro-
self-awareness, one's work will be less effective. fessional. Attention to issues of autonomy, confidentiality,
In the end, neither a strictly nondirective approach nor a role clarity, along with self-evaluation and honesty with
purely prescriptive one seems ideal. The counseling is a bit the patient can help minimize the impact of these ethical
like doing a dance where the infertility counselor may lead challenges.
or follow. Some patients will want to disclose and seek help
with how to do it. Others will be less certain but would like REFERENCES
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