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Does the Egg-Freezing Industry Lack Regulatory Oversight?

By Kelly Dempsey on June 3, 2019
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Any California woman who has experienced infertility can attest that the process of trying to have a child can prove physically and emotionally exhausting. While some women are turning to technology, surrogacy or egg freezing in an effort to have their own children, the egg-freezing industry, specifically, has been under considerable scrutiny as of late, and with good reason.

Per NBC News, two well-documented incidents involving egg-freezing businesses that experienced tank malfunctions made headlines in 2018, dramatically changing the plans of the women who had eggs there while instilling fear among others who were hoping to freeze their own eggs. In one of the incidents, the company lost about 4,000 eggs, devastating the women who had pinned their hopes for the future on these businesses.

While many of these women hoped that these well-publicized incidents would encourage the government to take action to help prevent similar incidents moving forward, little has changed in the aftermath. Some believe this is due to the fact that there is no clear regulatory body responsible for overseeing the egg-freezing industry. While certain agencies or entities typically assume responsibility for, say, regulating the human cells or tissues used in reproductive efforts, there is no agency tasked with overseeing or regulating the storage tanks used to hold frozen eggs.

There are, regrettably, no immediate plans to improve oversight within the industry, either, but you may be able to improve your chances of finding a reliable lab by performing some due diligence before signing on with one. You may, too, have other reproductive opportunities available to you, whether through surrogacy or a different route.

This information is meant for educational purposes and does not constitute legal advice.

  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Adoption, Surrogacy and the Law
  • Organization:
    Fox Rothschild LLP

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