London is a women's health advocate and partner at Leaf, Cabraser, Hyman & Bernstein and lives in Oakland.
The Alabama Supreme Court's ruling that a fetus is legally a child puts in vitro fertilization (IVF) in the spotlight and how hopeful parents planning to use fertility treatments can move forward. A question arose. Most Americans support protecting Alabamians' access to IVF, but that doesn't mean IVF should be exempt from oversight, nor does it mean fertility companies should Nor does it mean that lawmakers should enact laws that shield parents from legal liability if they betray their desired parents. Unfortunately, the fertility industry is largely unregulated, resulting in inaccurate genetic testing, unwarranted embryo destruction, and other injustices that prospective parents must face. It is being handled.
Hopeful parents across the country are increasingly seeking infertility treatment support when they decide to have children. The CDC estimates that 2.3% of births in the United States each year are through assisted reproductive technology. Unfortunately, the fertility industry's focus on profit, as well as the lack of regulation and oversight of these facilities' practices, also tends to increase heartbreaking failures.
Given what's at stake for hopeful parents, whether it's couples struggling to conceive, LGBTQ couples, or women raising children as single mothers, accessing infertility treatment can be a difficult, complex, and expensive journey. is. Part of the IVF process typically includes genetic testing. This test is a growing industry aimed at helping parents be as informed as possible and increase their chances of having a healthy pregnancy. Overall, fertility support is invasive and can take a heavy toll even if things go as planned.
What we've learned from working with hundreds of hopeful parents who have undergone IVF and genetic testing is that most parents don't initially understand that this industry is largely unregulated. The Food and Drug Administration regulates all treatments that involve human cells and tissue, except for fertility clinics. Most, if not all, preimplantation genetic tests are also not approved by the FDA. Instead of answering to regulatory bodies like the FDA or even doctors or prospective parents, fertility companies often answer to shareholders and private equity firms.
This combination of lax regulation and the potential for huge profits from vulnerable potential parents makes fertility the perfect venue for profit-driven companies. There is increasing consolidation among clinics and genetic testing labs, resulting in several companies becoming the largest players in the field. To increase profits in an already lucrative industry, these companies raise prices and cut jobs.
Equally important is how fertility companies save money by not doing certain things. This often includes setting up safety protocols, data analysis, and standard operating procedures to protect the valuable genetic material entrusted to us.
As a result, the country is witnessing devastating safety deficiencies across the fertility industry. For example, my law firm represents families who claim that a genetic testing company used a defective solution for three months, rendering the test useless and preventing potential parents from using the embryos they created. Serving people. We also represent families who claim that another company recalled several lots of contaminated solutions for embryo development, destroying embryos in the process. And we have represented families who claim that thousands of frozen eggs and embryos were destroyed by a leak in their fertility center's cryogenic storage tank.
These failures are often predictable and preventable.
Fortunately, more and more people who have suffered irreparable harm while trying to have children are coming forward and demanding accountability from these companies. As more light is shed on this industry, policymakers need to keep in mind how these companies have failed families in the past.
Hopeful parents seeking infertility treatment assistance face a difficult road regardless of their circumstances, but families are being left behind as companies place profit over the hopes of waiting families. That's much better than having your chance to increase it ruined. Until this industry treats its responsibilities to its customers and their genetic material with the proper consideration they deserve, people pursuing their dreams of parenthood will ask the hard questions and demand greater scrutiny of the companies that are literally responsible for them. It depends on whether you raise your voice in support. The future is in their hands.
