Ethical obligations in fertility treatment when intimate partners withhold information from each other - an Ethics Committee opinion

Sep 27, 2026

Uploaded by dawugda

Ethics Committee guidance addresses ethical obligations in fertility treatment when intimate partners withhold relevant health information from one another. Clinicians are urged to encourage disclosure between partners to support fully informed reproductive decision-making. When disclosure is impossible or refusal blocks informed consent and may risk harm to an unaware partner or offspring, clinicians may decline care and should refuse treatment if confidentiality protection prevents informed consent. Confidentiality is mandatory unless required by law.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Key Points

Disclosure and confidentiality obligations

Waivers and clinic policy

When clinicians should decline care

Informed consent and nondiscriminatory decision-making

Ethical obligations in fertility treatment when intimate partners withhold information from each other: an Ethics Committee opinion Ethics Committee of the American Society for Reproductive Medicine American Society for Reproductive Medicine, Washington, D.C. Clinicians should encourage disclosure between intimate partners but should maintain conﬁdentiality in cases where there is no prospect of harm to the partner and/or offspring. In cases where a member of a couple refuses to disclose relevant health information to the other partner and there exists a risk of harm to the unaware partner and/or offspring, clinicians may refuse to offer care and should decline to treat if full informed consent is not possible because of the lack of disclosure. This document replaces the previously published document of the same name, last published in 2018. (Fertil Steril􀀁 2024;121:428–33. 􀀃2024 by American Society for Reproductive Medicine.) El resumen está disponible en Español al ﬁnal del artículo. Key Words: Protected health information, informed consent, assisted reproduction, disclosure, ethics KEY POINTS 􀀁 Physicians should encourage couples presenting for fertility treatment to disclose to one another relevant information that can affect their reproductive decision-making. 􀀁 Ideally, the reproductive dyad should sign a waiver allowing for their physician to share all clinically relevant information with both reproductive partners. This would include information provided by either member of the couple as well as information discovered during evaluation and treatment. The waiver should set forth a clinic’s policy on disclosure of clinically relevant information, including disclosure in the absence ofthe patient or partner’s further consent. Ifthe membersofthedyad are unwilling to sign the waiver, physicians should explain any limits to care, includingthe possibility that they will be unable to provide care if protecting the confidentiality of 1 partner precludes informed consent on the part of the other partner. 􀀁 Cases may arise in which a patient asks a physician to withhold clinically relevant information from their intimate partner. In such cases, physicians are both ethically and legally bound to maintain patient confidentiality, except as otherwise provided by law. 􀀁 When conﬁdentiality cannot be maintained (e.g., because of state reporting requirements), the patient should be told this, ideally before the information is obtained. In such situations, it is ethically permissible for the physician to decline care. 􀀁 In cases where the lack of disclosure precludes fully informed consent or has the potential to harm the patient, their intimate partner, or their offspring, physicians should strongly encourage disclosure. If the patient declines to allow for such disclosure, physicians are ethically obligated to decline the provision of reproductive care. 􀀁 The lack of information sharing between intimate partners can impede a physician’s ability to obtain fully informed consent from both members of the couple. Potential impacts on informed consent include the physician’s inability to fully discuss the range of possible treatment options as well as the risks and benefits of the proposed treatment. In such cases, physicians may proceed or decline to offer treatment and should make such judgments in a nondiscriminatory fashion and without bias, taking into consideration potential risks to the partner and potential offspring and potential liability risks to the physician if they proceed without being able to obtain fully informed consent. 􀀁 In cases where the information, if disclosed, may be relevant to the partner’s decision whether to undergo fertility treatment, the physician should also strongly encourage disclosure between intimate partners. This includes situations in which fertility treatment is required that could otherwise have been avoided if certain information had been shared. Received November 22,

FAQs

Why should clinicians encourage disclosure between intimate partners in fertility treatment?

Clinicians should encourage couples to disclose relevant information affecting reproductive decision-making, so both partners can provide fully informed consent.

Are clinicians allowed to share information if one partner requests nondisclosure?

Clinicians must maintain patient confidentiality when no legal exception applies. Sharing is only permitted as otherwise required by law, such as reporting requirements.

When may clinicians refuse to offer or continue fertility care?

Clinicians may decline care when a partner refuses to disclose information and fully informed consent cannot be obtained, especially if there is potential harm to the unaware partner or offspring.

Sep 27, 2026

Uploaded by dawugda