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The Moral Economy of Fertility Markets: Hope and Hype, History, and Inclusion

Published online by Cambridge University Press:  27 January 2021

Seema Mohapatra  and
Dov Fox
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Abstract

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Type
Independent Articles: Commentary
Information
Journal of Law, Medicine & Ethics , Volume 48 , Issue 4: Climate Change and the Legal, Ethical, and Health Issues Facing Healthcare and Public Health Systems , Winter 2020 , pp. 765 - 767
Copyright
Copyright © American Society of Law, Medicine and Ethics 2020

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References

Friedman, D., “Perk Up: Facebook and Apple Now Pay for Women to Freeze Eggs,” NBC News, October 14, 2014, available at <https://www.nbcnews.com/news/us-news/perk-face-book-apple-now-pay-women-freeze-eggs-n225011> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
Mohapatra, S., “Using Egg Freezing to Extend the Biological Clock: Fertility Insurance or False Hope” Harvard Law & Policy Review 8, no. 2 (2014): 382–341.Google Scholar
Richards, S.E., “What Happened to All of Those Frozen Eggs?” New York Times, December 21, 2019, available at <https://www.nytimes.com/2019/12/21/opinion/sunday/egg-freezing-numbers.html> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
Bayefsky, M.J., “Legal and Ethical Analysis of Advertising for Elective Egg Freezing,” Journal of Law, Medicine & Ethics 48, no. 4 (2020): 748–764.Google Scholar
See, E.g., Carbone, J. and Madeira, J.L., “Buyers in the Baby Market: Toward a Transparent Consumerism,” Washington Law Review 91, no. 1 (2016): 71–107, at 77-79.Google Scholar
Hawkins, J., “Selling ART: An Empirical Assessment Of Advertising On Fertility Clinics’ Websites,” Indiana Law Journal 88, no. 4 (2013): 1147–1179, at 1169.Google Scholar
Wartik, N., “Making Babies: The Boom in the Infertility Business is Raising Hopes, and Increasing Criticism,” Los Angeles Times Magazine, March 6, 1994, at 18, 43, available at <https://www.latimes.com/archives/la-xpm-1994-03-06-tm-30688-story.html> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
Schmittlein, D.C. and Morrison, D.G., “A Live Baby or Your Money Back: The Marketing of In Vitro Fertilization Procedures,” Management Science 49, no. 12 (2003): 1617–1635, at 1631.CrossRefGoogle Scholar
42 U.S.C. 263a-1 et. seq. (2012).Google Scholar
American Medical Association Council on Ethical & Judicial Affairs and Council on Scientific Affairs, Issues of Ethical Conduct in Assisted Reproductive Technology 2 (1996).Google Scholar
Brody, J.E., “I.V.F.’s Misleading Promise to Those over 40,” New York Times, October 17, 2016, available at <http://www.nytimes.com/2016/10/18/well/the-misleading-promise-of-ivffor-women-over-40.html> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
Industry guidelines are supposed to be required for professional membership, but studies show that most clinics face no penalty for claiming without evidence that they pregnancy success rates are “superior” or “among the best.” Miller, W.K., “Assumption of What? Building Better Market Architecture for Egg Donation,” Tennessee Law Review 86, no. 1 (2018): 33–71, at 51–52; Abusief, M.E., Hornstein, M.D., and Jain, T., “Assessment of United States Fertility Clinic Websites According to the American Society for Reproductive Medicine (ASRM) / Society for Assisted Reproductive Technology (SART) guidelines,” Fertility and Sterility 87, no. 1 (2007): 88–92.Google Scholar
On the right, for example, many are anxious about implicitly endorsing technologies that separate sex from reproduction. On the left, meanwhile, others are wary of opening the door to new forms of reproductive restrictions on who gets to form families and how. See Fox, D., Birth Rights and Wrongs (Oxford, 2019), at 29–30.Google Scholar
Mohapatra, S., “Fertility Preservation for Medical Reasons and Reproductive Justice,” Harvard Journal on Racial & Ethnic Justice 30, no. 1 (2014): 193–225, at 206 (2014).Google Scholar
Hoffower, H., “More Women are Freezing their Eggs to Delay Having Kids — But the Process Costs Thousands of Dollars and Still Might not Work. Here’s What You Should Know.” Business Insider, January 15, 2020, available at <https://www.businessinsider.com/how-much-does-it-cost-to-freeze-your-eggs-2020-1> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
American Society for Reproductive Medicine Access to Care Summit, (September 10-11, 2015) available at <https://www.asrm.org/globalassets/asrm/asrm-content/news-and-publications/news-and-research/press-releases-and-bulletins/pdf/atcwhitepaper.pdf> (last visited October 9, 2020).+(last+visited+October+9,+2020).>Google Scholar
Allen, R., Is Egg Freezing Only for White Women?, New York Times, May 21, 2016, available at <https://www.nytimes.com/2016/05/22/opinion/is-egg-freezing-only-for-white-women.html?smid=tw-share> (last visited October 9, 2020); Ceballo, R., Graham, E.T., and Hart, J., “Silent and Infertile: An Intersectional Analysis of the Experiences of Socioeconomically Diverse African American Women With Infertility,” Psychology of Women Quarterly 39, no. 4 (2015): 497–511, available at <https://doi.org/10.1177/0361684315581169> (last visited October 9, 2020).Google Scholar