Clinic insists couples must be married to get fertility treatment
The Irish Catholic newspaper reports that Dr Phil Boyle of the Fertility Care Clinic in Galway was summoned before the Medical Council’s Fitness to Practice Committee (FPC) last week over a refusal to treat an unmarried couple for infertility, due to his belief that only married people should have children.
However, it is reported he was acquitted of the professional misconduct charge on a technicality, although there is a possibility that the couple affected could take a case to the Equality Authority on the grounds that Dr Boyle is in breach of the Equal Status Act, which outlaws “discrimination” in the provision of goods and services on the grounds of marital status.
That in turn could lead to the case going to the Supreme Court as the legislation makes no provision for freedom of religion and conscience, both of which are recognised as rights by Article 44 of the Irish Constitution.
It is understood that Dr Boyle was accused of refusing to treat a patient and of not referring the patient to another doctor.
The FPC accepted that the couple had not become his patient and that he was not given an opportunity to refer them to another doctor even if he had wanted to.
The clinic has long maintained its stance regarding its decision not to treat unmarried couples, and its NaPro Technology fertility treatment is compatible with the Catholic Church’s teaching on assisted human reproduction, while offering a success rate roughly similar to In Vitro Fertilisation but at lower cost.
On its website the clinic outlines its position as follows: “Couples wishing to use FertilityCare for fertility awareness and family planning may do so regardless of marital status. Currently FCCE require couples to be in a married relationship if they wish to avail of fertility treatment using NaProTechnology.
“Marriage is required in order to safeguard the best interests of any child that may be conceived through our programme.
“We accept that a legally binding marriage is not a guarantee that any couple will stay together, but it is the best guarantee we can get to secure this end.
“The current [Irish Medical Council] ethical guide makes no reference to a couple’s marital status, but certainly does not oblige doctors to treat unmarried couples.”
The Medical Council refused to answer whether it would now be looking at reviewing its regulations to prevent similar cases being brought before the FPC.
In a statement it said: “The Medical Council does not comment in relation to inquiries into Registered Medical Practitioners.”
Dr John Murray of the pro-religion Iona Institute said Dr Boyle’s treatment by the Medical Council was deplorable.
“He should never have been called before its Fitness to Practice Committee,” Dr Murray said. “The fact that it heard a professional misconduct charge against him is simply grotesque.”
