Published on 21/06/2024
Fertility experts opposed a proposed 18-year age limit for gamete donation warning it could hinder children undergoing treatments like chemotherapy from preserving future fertility. This debate arose during a parliamentary session on The Human Assisted Reproductive Technology Bill, 2023. Advocates stressed the bill’s impact on young patients needing to secure their reproductive options.
Expert Testimony
Dr. Andabati Gozanga, a Fertility, IVF, and Laparoscopy Specialist at Bethany Women and Fertility Hospital, led the opposition. Addressing Parliament’s Health Committee, Dr. Gozanga emphasized the importance of allowing children diagnosed with conditions such as cancer to store their gametes before undergoing treatments that could render them infertile.
“There are cases, such as children with cancer, where it’s crucial to store eggs or sperm before treatment. If we restrict this to those over 18, we tie our hands and can’t help these individuals. We need to amend the bill to accommodate these cases,” Dr. Gozanga explained.
Legal and Medical Implications
Clause 17(1) of the bill currently prohibits gamete harvesting from individuals under 18, with severe penalties for violations. Dr. Gozanga warned that this restriction would prevent young patients from preserving their reproductive options before undergoing fertility-destroying treatments like chemotherapy.
“We must allow children to store their gametes or biological tissues before treatments like chemotherapy, which can eradicate their reproductive cells,” Dr. Gozanga urged.
Regulatory Concerns
Bethany Fertility Hospital also aligned with Mulago Specialized Women and Neonatal Hospital in opposing the regulation of fertility clinics by the Uganda Medical and Dental Practitioners’ Council, citing the lack of fertility experts on the Council.
“The Council currently lacks representation from fertility experts. This could lead to delays and unfair assessments. Fertility centres require specific expertise that the current Council may not adequately provide,” Dr. Gozanga added.
Consent for Fertility Treatments
The hospital further called for clarity on individual consent within the bill. While the ideal scenario involves mutual consent from both partners, practical challenges often arise.
“The bill should specify whether individual consent is sufficient in cases where, for example, a woman needs donor eggs. Requiring joint consent can be problematic and may deny one partner the right to reproduction,” Dr. Gozanga noted.
However, MP Isaac Otimgiw (Padyere County) opposed individual consent, arguing it could open the door for same-sex couples to access fertility services, which conflicts with existing anti-homosexual laws. “Allowing individual consent might enable lesbians and gay men to exploit this gap. Therefore, the bill should maintain the requirement for joint consent,” Otimgiw asserted.
Counterarguments
Damalie Andabati, Administrator and Clinician at Bethany Fertility Hospital, refuted Otimgiw’s concerns, explaining that the bill defines eligibility based on legal sex at birth, thus precluding exploitation by homosexual and transgender individuals. “Denying individual consent would exclude a growing number of people from accessing fertility services,” Andabati warned.
The ongoing debate in Parliament over The Human Assisted Reproductive Technology Bill, 2023, continues to highlight the complexities of regulating fertility treatments, with significant implications for medical ethics, individual rights, and public health policy in Uganda.
SOURCE: NEWS AGENCIES
