Restricting access of human immunodeficiency virus (HIV)–seropositive patients to infertility services: a legal analysis of the rights of reproductive endocrinologists and of HIV-seropositive patients

Objective

To discuss the legal rights of reproductive endocrinologists and HIV-seropositive patients seeking infertility services.

Design

Westlaw and LexisNexis commercial legal search engines were used to perform a legal review of statutes and cases pertaining to HIV-seropositive patients seeking health care services.

Conclusion(s)

Human immunodeficiency virus antidiscrimination laws apply to healthcare providers whether they practice in private clinics or a university setting. Patients infected with HIV cannot be denied access to health services solely on the basis of their HIV status. If proof exists that HIV-seropositive patients will medically benefit by a referral to another provider with more expertise, it is legally permissible to refer these patients to another provider who has more expertise in providing infertility services to HIV-seropositive patients. However, the burden will be on the reproductive endocrinologist to demonstrate that he or she lacks the capability to care for HIV-seropositive patients and that the referral was for the medical benefit of the patient and of the patient's potential offspring.

Key Words: HIV, IVF, infertility, AIDS, discrimination