Human Oocyte Cryopreservation: Ethical Solutions May Lead to Legal Complications

Abstract

As a result of advances in reproductive technology, women are now able to freeze their oocytes for later use. Women who want to focus on their careers or those who have not let met “Mr. Right” may choose to have their oocytes frozen, so that they can defer motherhood. Other women are forced to have their oocytes frozen when faced with potential infertility as a consequence of medical treatment or military service. This chapter discusses the ethical and legal issues that result from the availability of human oocyte cryopreservation. Persons opposed to the use of human oocyte cryopreservation are concerned about the safety of the woman, the oocyte and the resulting child. Those persons advocate banning the use of human oocyte cryopreservation of limiting it to use by women who are still of child-bearing age. Strict restraints on the use of human cryopreservation may infringe on a woman’s reproductive freedom and violate the Equal Protection Clause of the United States Constitution.

Keywords: human oocyte cryopreservation, egg freezing, reproductive rights, right to procreate, infertility

JEL Classification: K19