"From Machon Puah"

More on Supervision

As we have reviewed over the past few months, recent events have verified the common sense need for Halachic supervision of fertility treatments. Halachic supervision is the independent process of verifying the chain of possession of genetic materials during processing. As we previously discussed, fertility clinics and labs have exceptional standards to prevent common errors. Independent super- vision serves as a safeguard against human error in the process, rather than any malicious or intentional acts in the lab.
There are highly regarded authorities that equate fertility supervision with kashrut supervision for food. Most food supervision is conducted via random site visits and checks. The Mashgiach is not present on site at all times, but instead has free, unfettered access to the factory or location of the food preparation whenever he likes. Since the workers in the factory have no idea exactly when the Mashgiach will be there, they take care to adhere to the kashrut regulations lest they be caught.
According to these authorities, it is sufficient for the supervisor to randomly visit the facility or perhaps observe the workings of the laboratory from an offsite location. Laboratory workers, fearing exposure of any wrongdoing, will therefore be meticulous in their work of their own accord. This level of stringency is sufficient and effective to ensure that there is no negligence or malicious mistakes made and is indeed the generally acceptable standard for Kashrut.
However, as we stated before, the mistakes being made in fertility laboratories are almost always the result of human error and innocent mistakes. Unless the supervisor was actually present during the entire process mistakes of human error will never be discovered under this type of arrangement, because the lab worker himself is not even aware that an error has occurred.
Some claim that it is sufficient to perform DNA testing of the child when it is born. Informing the clinic that such testing will be performed will encourage the laboratory to be extra careful. However, again, this is only effective in preventing malicious errors or negligence, but not innocent human error.
In addition, what if the couple discover that the child is not their genetic child? Should they give the child up, return him to his genetic parents, or raise him as their own with the constant knowledge that a mistake was made? Such a case is fraught with tragic consequences and concerns.
In fact, when the Puah Institute first began supervision, standard procedure called for each fifth couple to undergo DNA testing - post birth, in order to randomly spot check the supervisors. This practice was ultimately discontinued. The couples involved protested our request for the verification test. Having suffered the pain of infertility and the trials of treatment they were not prepared to hear any further painful news. Experience has therefore taught us that such post-birth DNA testing is too traumatic for families to undergo and alternate methods of supervision were required.
Accordingly, the Puah Institute does not recognize such supervisions as adequately fulfilling the requirements of true halachic supervision. We will discuss Puah supervision in the coming weeks.

The Puah Institute for Fertility and Gynecology in Accordance with Halacha is based in Jerusalem and helps couples from all over the world who are experiencing fertility problems. Puah offers free counseling in five languages, halachic supervision, and educational programs. Puah has offices in New York, Los Angeles and Paris. To contact the Puah Institute please call 1-800-071111 in Israel or in the US 718-336-0603. website: http://www.puahonline.org

• Other "From Machon Puah"
• Supervision - is it really necessary?
• Training Supervisors
• Supervision - Who are the Supervisors