- The Consumer Council (“the Council”) is pleased to submit its views from a consumer protection perspective with respect to the proposed amendments to the Code of Practice on Reproductive Technology and Embryo Research issued by the Council on Human Reproductive Technology (CHRT) as outlined in the consultation paper.
The Council’s Overall View
- The Council welcomes the proposed amendments requiring the provision of up-to-date scientific information relevant to specific types of gametes or embryos before consumers provide written consent to initiate or extend storage. This initiative helps consumers make decisions based on the latest scientific developments, which is a critical step in safeguarding consumer rights and promoting informed choices.
- While the Council agrees in principle with the importance of providing consumers with adequate and accurate scientific information, it remains concerned about the clarity, consistency, and accessibility of such information being disseminated by service providers to consumers. Scientific information must be presented in a transparent, standardised, and comprehensible manner to avoid confusing consumers or even misinterpretation.
- The Council notes overseas reports from the UK[1], [2]and Australia[3] indicating that clinics have been found to provide misleading information by exaggerating the success rates of achieving pregnancy and successful delivery. These misleading practices include claiming the success rate of only one part of the procedure as the overall success rate of having a baby, despite multiple stages with varying success rates being involved. More specifically, some clinics presented selective figures without disclosing the sample sizes or specifying the sources of the information. These practices highlight the need for greater transparency in establishing the claim and accuracy in the dissemination of information to consumers.
- The Council also expresses concern about the consistency and transparency of information provided by individual centres[2]. Variations in the quality and presentation of scientific information may lead to reliance on potentially inconsistent or incomplete information. While it is understood that the counselling process may be confidential, the Council believes that the CHRT should monitor the information provided by the centre and to ensure that the scientific information provided across centres is consistent, accurate and standardised.
The Council’s Suggestions
- Considering the above matters, the Council recommends that all scientific information shared with consumers during the counselling sessions should be documented alongside counselling records. This ensures proper record-keeping for both parties and enhances accountability in the dissemination of information.
- Moreover, the Council suggests that the CHRT should provide a standardised reporting framework to guide centres in presenting scientific information and making claims. Such a framework would ensure consistency, clarity, and reliability in the information provided to consumers across centres.
- Additionally, the Council recommends the CHRT to regularly audit and review the scientific information disseminated by licensed centres to ensure their compliance and aligned with the latest scientific developments.
- In reference to the measure conducted by the Victorian Assisted Reproductive Treatment Authority in Australia in response to the aforementioned problems[4], the Council suggests that independent materials, including annual statistics collected by the CHRT covering the pregnancy and birth outcomes, should be made available to consumers as compulsory information to be disseminated alongside other materials provided by the centre. This would offer consumers a better understanding of the success rates and outcomes associated with reproductive technologies, thereby formulating their decision-making procedure.
Conclusions
- The Council appreciates the CHRT’s proposed amendments, which aim to ensure that the public is fully informed of the associated risks regarding the storage of gametes for own use. However, given the reported cases of misleading scientific information provided by clinics abroad and the challenges in monitoring proper information dissemination during private counselling, the Council recommends the establishment of a standardised reporting framework for the presentation of scientific figures by service providers, the provision of independent up-to-date scientific information, and the regular review of information disseminated to consumers. The Council looks forward to further endeavours in consumer education in due course.
Consumer Council
14 April 2025
