Question (a) (12 marks) Jodie and Kareem have been in a relationship for two years. Jodie is 35 years old and Kareem is 22 years old. Jodie and Kareem see you for an initial appointment concerning IVF...

Question (a) (12 marks) Jodie and Kareem have been in a relationship for two years. Jodie is 35 years old and Kareem is 22 years old. Jodie and Kareem see you for an initial appointment concerning IVF options in your ‘home’ jurisdiction. Jodie explains she is desperate to have a baby and has been unable to fall pregnant during the past 16 months. Jodie is visibly distressed as she explains how difficult the past 16 months has been for her, and the stress it has placed on her relationship with Kareem. Kareem appears distant and frustrated. When you ask him if he has any questions, he asks: ‘How can we be sure the baby won’t have something wrong with it? If it’s going to have something wrong with it, I don’t want to go through with this.’ Kareem then storms out of the office. Jodie stays and explains to you that Kareem had a younger sibling with an acquired brain injury from a childhood accident and that he is concerned about having a baby with disability. Jodie tries to call Kareem to request he return to the consultation but he is not answering his phone. Jodie then asks if she can simply go ahead with any IVF treatment without Kareem’s involvement, explaining it would be ‘easier’. 2 By reference to the regulatory framework and specific legislation and guidelines of your ‘home’ jurisdiction: (i) Is Jodie eligible for IVF treatment? What additional information will you need from her? (4 marks) (ii) Assuming you decide Jodie is eligible, what are the requirements for consent (including to whom these requirements apply) and are there any possible legal issues that might arise in meeting these requirements? (6 marks) (iii)Identify two ethical issues which arise in relation to this scenario? (2 marks) Question (b) (6 marks) Maxwell is a 35 year old male. Four years ago he donated sperm to Fertility For All in your ‘home’ jurisdiction. His donated sperm has not been used, although you are aware that a female client of Fertility For All might be considering use in IVF treatment. When Maxwell donated the sperm he was single and had no intentions of having children. However, he now has two children of his own and is uncomfortable with the use of his sperm in IVF. Maxwell contacts Fertility For All to ask that his sperm be disposed. By reference to the regulatory framework and specific legislation and guidelines of your ‘home’ jurisdiction: (i) What are the legal requirements for disposal of Maxwell’s donated sperm? (4 marks) (ii) In the course of responding to Maxwell’s request, you note some anomalies in the record keeping practices at Fertility For All. Identify two key legal requirements for record keeping. (2 marks) Question (c) (12 marks) Your service operates across your ‘home’ and ‘secondary’ jurisdictions. Sene is a 30 year old woman. You see her for an initial consultation about being a surrogate through Fertility For All in your ‘home’ or ‘secondary’ jurisdiction. She discloses that she has recently been released from prison after serving a 5 year sentence relating to drug trafficking offences. She is serving two years on parole in the community. Sene explains that she is finding it difficult to reconnect with her family and friends, she is unemployed, without money, living in a boarding house and feels socially isolated. She heard a story on the radio about the emotional connections and benefits of surrogacy and feels she could gain a lot from surrogacy 3 and give back to the community at the same time. She is not interested in having any more children of her own children because of the trauma of having her 2 year old son removed by child welfare services prior to going into prison. By reference to the regulatory framework and specific legislation and guidelines of your ‘home’ and ‘secondary’ jurisdictions: (i) Discuss four legal issues that arise in relation to Sene’s role as a surrogate in each of your ‘home’ jurisdiction and ‘secondary’ jurisdiction. (8 marks) (ii) Discuss two ethical issues that arise in relation to Sene’s request to be a surrogate through Fertility For All? (4 marks)