"IN VITRO
FERTILISATION AND RELATIONAL ETHICS", par Luc Roegiers (colloque Santorin,
1999)
Medical aid for procreation has entered
into our habits. This is one of the most salient observations issuing from my
daily practice as a paedopsychiatrist associated with an in vitro fertilisation
unit. Moreover, we have passed from "ethos" to ethics: couples requesting IVF,
as well as the practitioners hardly ever question themselves anymore on the
legitimacy of what has become just another medical technique. The benefits
observed seem to have largely compensated the price to be paid. But are we able
to analyse at the present time all the aspects of this price? The presence of a
medical team in the marital bed poses multiple questions.
The two parts of my exposÈ will consist of
the following : first of all, based on my clinical experience in IVF and with
the help of some clinical observations I shall define a triple crisis: that of
gynaecology in reproductive medicine, that of the infertile couple and that of
the psychotherapist associated with this field. Then, after having specified the
ethical stakes of these crises, I shall describe some aspects of the relational
ethics of Boszormenyi-Nagy. It is a particularly enlightening model, not only in
the field of medically assisted procreation, but in the broader framework of all
perinatality.
Crisis in IVF
1 - What responsibility for the
gynaecologist?
As for gynaecologists of assisted
reproduction technology, can we really speak of a crisis? Not in the measure
that the majority of them master their technique better and better, which has
become a routine; and for the rest, that is to say the ethical guideposts, they
are based on traditional criteria which are the beneficence, the respect of the
patient's self-determination and the principles of justice. However,
practitioners who analyse their functioning in a more pointed and critical way
are often confronted with difficult and at times undecidable situations. These
situations place them face to face with dissonances in relation to the
principles of medical ethics which are familiar to them. Here are several
examples :
* Beneficence
Mrs A associates two medical problems :
multiple sclerosis with moderate manifestations at present and an anomaly of the
uterine cavity due to the D.E.S. taken by her mother during pregnancy.
Previously - and painfully - she and her husband had grieved over a pregnancy
project. Then her gynaecologist proposed to her the IVF programme. After seven
attempts she was pregnant with triplets. Her pregnancy was reduced to twins
which she brutally lost at 24 weeks. She begged and succeeded in rapidly
recommencing IVF attempts. But this time without result. Mrs A becomes
depressed. Her husband became angry and cried out during a consultation "You
think that I'm going to continue to live with an impotent and sterile woman?".
One cannot say that reproduction medicine really helped this couple. In talking
to the IVF patient, the gynaecologist deemed his position doubly defendable by
medical indication and by the total commitment of the two spouses to this
project. Obviously, the principle of beneficence envisioned in this way can
become a trap. Numerous other less caricatured situations than this one daily
confirm how hazardous it can be for a doctor to advance along the delicate
terrain of the desire for a child with a compass as unwieldy as the wish for
beneficence.
*Self-determination
In the course of the preliminary
consultation for the couple in the IVF programme, the gynaecologist is troubled
by the attitude of his patient, a bit distant from her partner. Although she had
requested IVF, she appears by her body language to mean the opposite of what she
is saying. Called at a later date to a private consultation by the
gynaecologist, she confirms to him her refusal of any attempt at procreation.
She is afraid of this violent man who has constrained her to participate in the
IVF programme. The only way to escape, she says, is to obtain a false diagnosis
counter-indicating IVF or to out and out sabotage the attempt. Faced with this
couple dynamic, how is one to respect the principle of self-determination? In
imagining the interests of each one : those of the woman, the man and their
future child, one cannot but observe conflicts among them. How to clear them
up?
How many couples in a generally more
discreet fashion have their procreative divergences arbitrated by a medical
team?
Hesitations or tensions sometimes show
themselves in a non verbal fashion. A woman arrived one morning inebriated for
her oocyte ponction. What of self-determination in this type of
situation?
*Justice ?
Finally, the gynaecologist wishes to offer
access to his technique to all couples without discrimination. He desires to
avoid all paternalist selections and to appear fair. When it is a question of
treating a patient, the Hippocratic oath forbids him to take into consideration
certain particularities regarding the patient. Thus, a cancer of the cervix must
always be treated in the same way; the fact that the woman might have
psychological, sexual, financial or marital problems...this cannot change
anything.
But when the so called "therapeutic"
intervention is supposed to permit the gestation and arrival into the world of a
child, is the same attitude still applicable? Certain gynaecologists believe
that their role is limited to placing a tool at the disposition of their
patients without distinction. Thus, according to them, donor insemination could
be applied to the single woman or a homosexual couple; intraconjugal
insemination would be a medical option for the couple devoid of any sexual life,
the schizophrenic background of a woman requesting IVF or her dependence on
psychotropes would not have to interfere with her integration in the programme;
the fact that a spouse spent ten years in prison for serious paedophilic
practices would be a strictly personal anecdote in the couple's history; the
same when four children have been placed in foster care by the juvenile court
and their mother with a tubal ligature requests a new opportunity with IVF. Are
these serious situations marginal? In my experience they are far from
exceptional. The fact of refusing to envision in these cases the consequences of
medical assistance for reproduction, in particular for the child conceived,
appears to me a destructive attitude. Legal regulations appear to be only little
adapted to the diversity of these cases. There remains then the gynaecologist's
reponsibility. But if he begins to refuse certain couples,where will he place
the limit? Is he not proceeding to a de facto selection of his patients? And
what is his actual competence to decide that this or that person is apt for
parenthood?
2 - IVF : a trap for
couples?
The point of view of the patients is just
as problematical.
Access to IVF is an opportunity, without
doubt. But several types of situations attest that couples requesting IVF are at
times in crisis because they are submitted to certain constraints which restrict
their autonomy. These can take several forms.
*Pregnancy as "treatment"
A pathology such as endometriosis is a
cause of a growing proportion of infertility cases, in the order of 10%. There
is no definitive cure which could impede the risk of relapse; so the lesions are
symptomatically treated and the affected women are told that a pregnancy might
be beneficial. This is not false; but an ambiguity then arises : Is IVF
undertaken in these cases to treat the illness? And is the child expected as a
medication? In certain endometrioses which have spread to the genital or
intestinal sphere I have realised just how much the therapeutic stakes of a
medically obtained pregnancy were a source of pressure and stress. It is even
more true as the treatment itself which includes ovarian stimulation is
unfavourable for the evolution of endometriosis. An extra risk is thus taken.
This precise case of endometriosis is perhaps metaphorically exemplary of a much
more general expectation in IVF : that of being cured of ones infertility by
means of a pregnancy. This hope is not only uncertain but illusory in the
measure that a process of mourning is necessary in order to accept this
state.
*Multiple
pregnancies
What to say of the paradoxical risk of
multiple pregnancies? The majority of couples accepts this possibility if it is
the price to pay in order to conceive at least one child. But numerous people
desirous of IVF are overwhelmed by this perspective which has become more and
more difficult to assume socially. A characteristic reflection which I regularly
hear is this: "Will the gynaecologist ask our opinion about the number of
embryos to be transferred?". This insecurity introduces very well the following
point.
*Dispossession
IVF couples have no choice : they must
trust the practitioners. They often ask me during preliminary consultations if a
maximum of precautions will be taken for "their" embryos. They fear errors,
distractions which would be catastrophic for them. One day, a couple asked me if
they could spend the night next to their embryos. By all the evidence, a loss of
control is experienced in IVF the moment the gametes are picked up. This
experience is all the more painful in that it follows the loss of control
already felt following the diagnosis of infertility.
*Secondary effects of
treatment
Feminists pointed out more than ten years
ago the sum of manipulations, pain and other inconveniences endured by the woman
in IVF. The "thou shalt give birth in pain" has been duplicated by a "thou shalt
conceive in pain". And one should add "in anguish as well". For incertitude
still characterises IVF despite all its progresses. Today we hardly dwell at all
any more on what was termed recently "the obstacle course". The commonplace
nature of the technique has led to the commonplace nature of its inconveniences.
And for the man? No movement of male defence has pointed out the degrading
aspect for the man to have to masturbate on command practically in the presence
of the medical staff. This exercise is all the same resented, particularly by
men already destabilised by their infertility. They have no room for error and
produce their sperm with more stress than libido. And as one might expect, the
compatibility of inconveniences reflects on the climate of the couple in a link
with the causes of the infertility: who is the most responsible and who suffers
the most...
*Affirmation of the desire for a
child
Much more insidious is the necessity for
those requesting IVF to have to present their desire for a child without any
ambivalence. Psychoanalysts such as Monique Bydlowski have shown the complexity
of the desire for a child, which, besides, is to a great extent unconscious.
Discontinuing contraception is far from involving the couple in the same measure
as participation in an IVF programme. In the latter case, the couple must
clearly formulate a request which in natural conditions often remains imprecise
and in all cases progressive. We say "we'll see when it happens". In IVF it is
not known either when the child will come. But it is known in principle, if one
renounces the programme, one renounces the child. The desire for a child is
continually and consciously in question. The motivation necessary to surmount
the obstacles of the technique hinders one from sheltering comfortably in ones
ambivalence. And what of outside opinion? Everyone knows that reproductive
technologies exist. Infertility is no longer an excuse for the absence of
progeniture. He who desires the end desires the means, this is the message which
at times assails the spouses, the families and in-laws, friends, the
professional world or the neighbourhood. In a certain way, reproductive
technologies impose themselves on infertile couples. They permit no hesitation.
*The responsibility of a "normal healthy"
child
Finally, and it is not the least of all
the enumerated tensions, the child expected with such difficulty must be a
success. People have often spoken in a pejorative manner of what has been called
a desire for an ideal child. In fact, everyone carries inside, generally
unconsciously, such a desire. The infertile couple does not seem to me to expect
a more ideal and perfect child than any other couple. But they want a child
without problems, a a normal healthy child. Perhaps a child who can repair the
suffering, at times their childhood wounds reactivated by infertility and by all
the frustrations related to the treatment.
It is necessary here to insist on the fact
that at the heart of technology and medical mastery, couples imagine,
erroneously moreover, that at least their efforts will have served to enable
them to select a normal healthy child. For many of them, it would be very hard
luck, that after so many quality controls that they would be given a bad embryo.
And more subtlety, they feel, much more than other couples, responsible for the
integrity of this child because they have truly wanted and asked for it. That
begins at the embryo transfer. They are told : "here, your embryos are there"
and sometimes even "Madam, you are pregnant". Between the lines : "we doctors
have done our work, it's now your turn". And at that moment develops the at
times overwhelming feeling of responsibility. How to behave, what to think of to
give the embryos the best chance, and to assure them a normal development? The
perspective of a handicap is for infertile couples particularly unbearable and
guilt inducing. If the pre implantation diagnosis were accessible to them, they
would most likely ask with insistence to see it, even in the absence of risk
factors.
The crisis of IVF seekers and the pressure
which weighs on them are thus not only related to infertility. The specificity
of the treatment is also in question. How could these infertile persons avoid in
IVF an alienating experience damaging to their mental health, to the equilibrium
of their couple, perhaps to the building of their family, and to their child
exspected as a "repairer" ? Here is an ethical question which to me seems too
neglected in IVF.
3 - What reference model for the
psychotherapist?
Ten years ago I proposed my collaboration
as a psychotherapist paedopsychiatrist with the IVF unit of the St Luc clinics
of the UniversitÈ Catholique de Louvain. I inaugurated a systematic preliminary
consultation for couples seeking IVF. In effect, it is the occasion for them to
step back, reinvest their project for a child, to list their expectations.
Consequently, couples wishing to be accompanied or a deeper reflection recontact
me at their own initiative.
This formula, which has been well accepted
by my colleagues, has proved conclusive. But it poses multiple questions
concerning my positioning as a psychotherapist.
In fact, the psychotherapist is integrated
in procreation medicine because his somatician colleagues realise very well the
affective and relational dimensions of this treatment. These dimensions are
obviously determinant in most of the crisis situations which I have enumerated.
The psychotherapist is supposed to solve them. But there also appears a trap: it
would be perverse for the psychotherapist to assume as a subcontractor the human
aspects of a process of which the gynaecologist would only be in charge of the
technical aspects.
Moreover, by his training and specificity,
the psychotherapist brings to procreation medicine another interpretation, a
critical reflection. But his own position is subject to caution: what is his
theoretical model? If he is a behaviourist, he will have a tendency to
decondition the IVF seekers from their anxiety. If he is a psychoanalyst, he
will question the deep sense of skirting by medicine the "infertility" symptom.
If he is systemician, he will be tempted by a strategic intervention when faced
with certain conjugal dysfunctioning.
Personally, I have thought that without
renouncing one's basic identity, one should as a psychotherapist seek a model
which meets the complexity of clinical situations. Furthermore, the crisis
contexts which I have enumerated are often broadly irreducible. No
psychotherapist can pretend to resolve problems in the place of those confronted
with them. But in order to aid doctors as well as couples to forge a path
through the procreative project, he must be able to refer to a framework which
at the same time allows the prevention of possible damage but also the
appearance of relational resources. In this way, the path followed by IVF
seekers pay become less painful, less obscure and at times less absurd. The
issues belong to mental health but also to ethics.
This is what has led me to take into
consideration the Boszormeyi-Nagy model which favours what he terms the
"dimension of relational ethics".
Relational ethics : reference and resource
framework
It is illusory and somewhat arduous to
schematically present an approach such as Nagy's. I shall nevertheless try to
sketch in several aspects and to specify their adequation in procreation
medicine.
*A multidimensional
approach
My analysis of the daily running of
medical aid to procreation underlines first of all the complexity by its crisis
peaks. The interest of Boszormenyi-Nagy's model is that it reminds us that no
act, no human position - especially not when it concerns procreation - can be
understood by the simplification of a sole approach dimension. Nagy's model
envisions four dimensions :
The first dimension includes facts, that
is to say the givens which are imposed on us unilaterally in our existence such
as our biological equipment or the events and culture in which we are immersed
and which determine us. I wish to recall here how important it is for every
individual who suffers, in particular in the context of an infertility to be
recognised for the burden which he bears : a burden he has not chosen and of
which he must bear the consequences. This is not a question of feeling, such as
compassion, but simply a portrait. No reliable relation can be built without
this "partiality" offered to the interlocutor. Many psychotherapists and other
carers have a tendency to forget it. Too often today we think "He asked for it,
she wanted it that way, they should ask themselves about the cause of their
troubles etc.".
The second dimension, that of psychology
or psychoanalysis, recalls that beyond facts, there is also a world of affects,
representations, and projections. To consider the desire for a child
independently of its intrapsychic bases would be a simplistic and disrespectful
attitude. Besides all desire related medicine goes astray when it limits itself
by responding with its offer to the explicit demand of the patient. I remember
for example a couple among the beneficiaries of the very first attempts at ICSI
: after having brought to these people manifestly distraught by their history a
miraculous pregnancy, the famous centre which had performed the intervention saw
the patient return three months later with a request for a voluntary
interruption of pregnancy. This request was accepted in just as "functional" a
way as the assisted procreation.
The third dimension is that of the
systemic understanding of the human being. It is a question of transactional
patterns, relational equilibria, modes of communication, interactional
strategies etc. Every symptom is envisaged, in this dimension, according to the
function that it acquires in a certain system of relations. It is in the light
of this point of view that one can understand among others the subtle contract
which is formed between a gynaecologist, a woman and a man around procreation.
This three way partnership or mÈnage ‡ trois constructs its rules, its
alliances, its roles. In this dimension on can for example wonder what place the
gynaecologist occupies : rival, confidant, arbiter or
parent?
The last dimension, the fourth, is the
most specific of this model. Nagy terms it "relational ethics". It corresponds
to an aspect rarely taken into account in the study of the taking of positions
which found human relationships. For Nagy and for every attentive therapist,
what mobilises the human being in the crucial phases of his life is ethics as an
intrinsic experience of the relation.
On the philosophical level, Nagy is
inspired by several authors.
He often refers to Buber. A citation from
him will make it easier to understand the contribution of relational ethics to
medically assisted procreation : "The therapist must cast his glance again and
again there where existing person relates to existing person, this person here,
the "patient", to another living being who is not "given" to the doctor and who
may be completely unknown to him".One sees the appearance of the necessary
taking into account of the interests of the child to come not as an object of
preoccupation, but indeed as a subject in the beginning of a relation described
by Buber as "Ich und Du".
The asymmetrical reciprocity of this
relation in the framework of the transmission of life is at the base of the
ethical question, adds Nagy, not without evoking another philosopher, Emmanuel
Levinas, who said "The intersubjective relation is a non symmetrical relation.
In this sense I am responsible for another without expecting reciprocity..."..
With Hans Jonas and his ethics of the
future, Nagy points out that responsibility concerns additionally and above all
relations with future human beings, whose existence will depend on our
preoccupation. If procreation today is in the midst of mutation, such guidelines
could be valuable for doctors who are involved therein. Especially in the
perspective of the possible development of pre implantion diagnosis indeed of
cloning, whose objectivant consequences are to be feared. Nagy redefines in this
framework the notion of responsibility.
*Destructive entitlement and
procreation
If relational ethics is anchored in the
asymmetry or in the non-reciprocity between what is given and received, what is
the consequence in clinic?
The examples which I have developed in my
exposé evoke numerous crisis situations. It is evident : histories of
infertility are lived out in suffering. And in my experience the destabilisation
which accompanies this suffering indeed the treatment which by its uncertainties
amplifies it, reactivates existing fragilities. An important concept of
relational ethics is the link between experienced injustices and what Nagy terms
destructive entitlement. The more one suffers from various burdens and the less
one is recognised for the weight to bear and also the less one has the
opportunity to give of oneself, then the more awakens in oneself the possibility
of revenge. It is destructive entitlement : one will seek in other relations the
repair required as a compensation for what one has lived through as an
exploitation. The child at all costs often resembles this mender. He becomes
then more and more parentified. Medical aid for procreation certainly does not
create this situation but could accentuate it in the measure where doctor and
patient could be caught in a reparatory dynamic. Both parties would ignore the
gratuitous and non reciprocal character of all procreation, of the risk inherent
in all transmission of life (one gives without knowing what one will get back)
and of the chance that the child may reinvest as a trump in his autonomisation.
Such considerations have a preventive scope in the long term. They must not make
us forget the current rather reassuring observations of IVF children, but to
qualify them.
*Creating the conditions for
dialogue
To be more precise on the clinical plan
here in conclusion are several concrete steps. In effect, the reference to
relational ethics is not a simple theoretical horizon, it is a dimension to be
approached in therapeutic practice. It helps the doctor and the patient to
orient themselves through the more and more complex choices which are imposed on
them. By opening a reflection on the relational consequences of medical acts, it
creates a preventive perspective.
How to accede in reproduction medicine to
the dimension of relational ethics? By the creation of an authentic dialogue. In
the first place, at the moment of the request for the doctor's aid, the simple
logic of supply and demand or even of medical indication are insufficient to
respect the relational scope of the enterprise. To go beyond, a quality
confrontation between the positions of each of the actors (man, woman, doctor
etc.) must be rendered possible. That presupposes an awareness and a taking into
account of the interests of each one, of the capacities of manifesting one's own
independence; briefly, a process of differentiation : "Who wants what?". And
above all, what proves to be necessary and valuable in a society where mistrust
often structures relationships is reliability, trustworthiness rather than
vaunting one's prestige or financial interests. Then other aspects must be
envisaged such as the asymmetrical character of the relation; patients and
doctors, sometimes man and woman, from all the evidence parents and children to
be conceived, do not play with the same hand of cards. Lastly, this child must
be privileged in a multilateral perspective. It is no longer a question here of
a singular individualistic confab between a doctor and a patient defined by the
beneficence of the one and the self-determination of the other. It is a project
to be constructed through each relational link : conjugal relation, relations
with the families of origin, doctor-patient relation and above all relation with
the future child. Being able to care for its interests in spite of all the
suffering undergone, the constraints of medical technology and claims of all
types is the best way out. This evaluation of the interests of the child is
above all else relational and necessitates on the part of the doctor or the
psychotherapist a new competence. Such a process necessitates specific training
and an increased availability on the part of the participants. And especially a
particular state of mind open to the pluralistic confrontation of points of view
and indeed to what Nagy has termed "multidirectional
partiality".
The right to give more than the right to
receive
Ethics of discussion, ethics of
responsibility, ethics of consequences, many are the different paths today to
replace the ethics of instituted dogmas, fallen into disuse. The relational
ethics is the clinical contribution of such a movement. What is at stake is to
avoid the misunderstanding of a purely technological response to a claim
originating in suffering which is sometimes of very long date. The bereavements,
parentifications, abandonments which the patients often testify to when one
listens to them on the threshold of an IVF programme, create in them an
experience of unbearable injustice when mixed with the uncertainty of being able
to procreate. But the right to a child generated by this pressure risks leading
to the psychological exploitation of this child. It would also be harmful to the
parents to the extent that it would cut them off from the resource of truly
being able to take care of their child. The succeeding generation would thus
receive the "slate" revealed by the crisis of infertility. The model of
relational ethics is not only applied to IVF. It can concern the whole process
of reproduction and finds other concrete fields in voluntary interruption of
pregnancy, in preimplantion or prenatal diagnosis and in the decisions to be
taken in neonatology. With this question always in the foreground : how to allow
our interlocutors to give of themselves what they want and can give rather than
sticking them into the position of "receiving".
Briefly, all the crucial moments of the
transmission of human life necessitate a new type of analysis from the moment
they are defined by voluntary decisions, often linked to doctors; IVF and the
crises it reveals can thus in my sense - optimistic - be considered as the
crucible of a search for coresponsibility by associating the progress of
technology to the progress of the decision process...for the benefit of future
generations.