• Skip to primary navigation
  • Skip to main content
Modern Fertility Law, APC

Modern Fertility Law, the firm of Milena O'Hara, Esq.

Third-party assisted reproductive law attorney, including surrogacy, egg donation, sperm donation, and embryo donation.

  • Home
  • Services
    • Surrogacy timeline
    • Egg donation timeline
  • Families
  • About
    • Why MFL?
    • Contact
    • EMPLOYEE PROFILE: Jennifer
    • EMPLOYEE PROFILE: Edith
    • EMPLOYEE PROFILE: Kenta
  • Blog
  • English
    • Français
    • עברית
    • 中文 (简体)
    • Deutsch
    • Italiano
  • Show Search
Hide Search

Blog

Limits to the Number of Embryos to Transfer in IVF: Balancing Success with Safety

Modern Fertility Law · January 14, 2026 ·

In vitro fertilization (IVF) has transformed fertility care, offering millions of individuals and couples the opportunity to become parents. A pivotal decision in an IVF cycle is how many embryos to transfer into the uterus. This choice directly affects the chances of pregnancy and the risk of multiple gestations (twins, triplets, etc.). Multiple pregnancies have significant health implications for both the parent, gestational carriers, and babies, making careful decision-making essential. Guidelines from major reproductive medicine organizations, such as the American Society for Reproductive Medicine (ASRM), provide structured recommendations that help clinicians and patients decide on the optimal number of embryos to transfer based on age, embryo quality, reproductive history, and other factors.

Modern Fertility Law

Why Limits Exist: The Risks of Multiple Embryo Transfer

Transferring more than one embryo can increase the overall chance of achieving pregnancy in a single cycle. However, it also proportionately raises the risk of multiple pregnancies — pregnancies with more than one fetus. These carry a higher likelihood of:

  • Premature birth
  • Low birth weight
  • Gestational diabetes and hypertension
  • Cesarean delivery
  • Neonatal complications
  • Maternal health challenges

Multiple gestations are also more costly and resource-intensive in terms of prenatal care and neonatal support.

Because of these risks, modern reproductive medicine has shifted toward single embryo transfer (SET) in many cases, especially when the likelihood of implantation is high with one high-quality embryo.

Factors Influencing the Decision: Age of the parent, embryo quality, reproductive history, intent to cryopreserve, and financial considerations.

Trends and Future Directions

Over the past two decades, IVF practice has shifted toward reducing multiple births through lower embryo transfer numbers. This is reflected in declining rates of triplet and higher-order births and increased use of single-embryo transfer protocols when appropriate.

Technological advances, such as improved embryo selection tools, are enhancing the ability to choose the embryos most likely to result in a successful singleton pregnancy. Future developments in embryo assessment and personalized reproductive medicine may further refine transfer strategies.

Conclusion

Determining how many embryos to transfer during IVF is critical to balancing the goal of pregnancy with safety. Modern guidelines from organizations like ASRM and SART recommend individualized approaches that consider age, embryo quality (especially genetic status), reproductive history, and patient preferences. The trend toward elective single embryo transfer reflects a commitment to reducing the risks associated with multiple pregnancies while maintaining high success rates.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

ASRM and ACOG’s Gestational Carrier Recommendations

Modern Fertility Law · January 14, 2026 ·

Assisted reproductive technologies (ART) have transformed the landscape of family building, with IVF working with gestational carriers playing an increasingly important role for individuals and couples who cannot safely carry a pregnancy themselves. Unlike traditional surrogacy, where the carrier also provides the egg, gestational carriers carry a pregnancy without genetic relation to themselves, offering a medically sophisticated and legally clearer pathway for family formation.

Modern Fertility Law

However, working with gestational carriers is complex medically, psychologically, and legally. Recognizing this, professional bodies like the American Society for Reproductive Medicine (ASRM) and American College of Obstetricians and Gynecologists (ACOG) have released recommendations for clinicians and programs offering these services.

1. When to Consider Working with a Gestational Carrier

A foundational aspect of practice is deciding when working with a gestational carrier is appropriate. According to ASRM, working with a gestational carrier is recommended when a medical or psychological condition would preclude a safe pregnancy for the intended parent or would pose significant risk to the parent or future child.

  • Absence of a uterus (due to congenital absence or prior hysterectomy).
  • Uterine abnormalities (irreparable scarring or significant malformation).
  • Medical conditions that make pregnancy life-threatening (e.g., pulmonary hypertension or severe cardiac disease).
  • Absolute psychological contraindications to pregnancy.
  • Situations where the intended parent is biologically unable to carry (e.g., single male or male couples). 

2. Screening and Evaluation of Intended Parents and Genetic Contributors

Before initiating any reproductive cycle with a gestational carrier, screening of intended parents and any genetic contributors is essential. ASRM emphasizes a thorough medical evaluation, genetic screening, and psychosocial preparation.

Medical Evaluation

Intended parents should undergo a complete history and physical, including any assessments necessary to ensure that egg retrieval and embryo creation procedures can safely proceed. This includes evaluation of reproductive history, relevant co-morbidities, and readiness for ART.

Genetic Screening

All gamete sources — whether from intended parents or donors — should receive appropriate genetic screening. ASRM strongly recommends pan-ethnic expanded carrier screening (not ethnicity-based panels alone), given the limitations of self-reported ancestry in identifying recessive conditions.

Screening typically includes conditions such as cystic fibrosis, spinal muscular atrophy, and thalassemia/hemoglobinopathies, with additional testing as indicated by history or family background. Ideally, the same panel should be used for all contributors.

3. Selection and Care of the Gestational Carrier

Selecting and preparing the gestational carrier is one of the most critical components of successful IVF reports with surrogacy.

Medical Criteria

According to ASRM and endorsed in educational fact sheets:

  • The ideal carrier is typically aged 21–45, though some cases may extend beyond this range with appropriate informed consent.
  • She should have had at least one uncomplicated term pregnancy previously.
  • A limit of around five total deliveries and no more than three cesarean sections is often recommended to reduce obstetric risk.
  • A stable family and social support environment should be evident to help manage the stresses of pregnancy. 

Infectious Disease Screening

ASRM’s guidance outlines extensive infectious disease testing for carriers.

Uterine Evaluation

Assessment of the uterine cavity is recommended to rule out structural abnormalities that could interfere with implantation or pregnancy progression.

Psychosocial Evaluation

One of the most emphasized recommendations is formal psychosocial evaluation of the gestational carrier and intended parents. Mental health professionals conduct clinical interviews, validated psychological inventories, and counseling to ensure the parties full understand the implications, to ensure the parties have the same expectations, and supports are in place if stress arises.

4. Legal and Contractual Considerations

All parties must obtain independent legal counsel, experienced in third-party reproduction law, before any medical interventions begin.

A legally enforceable contract should address:

  • Parentage and non-parentage determinations.
  • Medical decision-making during pregnancy.
  • Financial arrangements (fees, expenses, insurance coverage).
  • Expectation around delivery logistics, and post-birth contact or disclosure.
  • Risk allocation for prenatal testing results, complications, or multifetal pregnancies.

Conclusion

IVF involving gestational carriers demands comprehensive protocols that address medical safety, psychological wellbeing, legal clarity, and ethical integrity.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Creating an Inclusive IVF Environment for LGBTQIA+ Parties

Modern Fertility Law · January 12, 2026 ·

Infertility and family building are deeply personal journeys—intensified for lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual, and other gender-diverse (LGBTQIA+) parties. Historically, reproductive medicine has centered heteronormative assumptions, inadvertently marginalizing many people who want to start or grow families. To provide equitable, compassionate care, professionals must adopt inclusive language and intentional environments that truly welcome LGBTQIA+ parties.

Modern Fertility Law

Here we’ll explore why inclusivity matters in IVF, how language shapes Party experience, and concrete strategies for creating environments where LGBTQIA+ parties feel respected, affirmed, and empowered throughout the IVF process.

Why LGBTQIA+ Inclusion Matters in IVF

1. Reducing Barriers to Care

LGBTQIA+ parties often encounter barriers including:

  • Assumptions about sexual orientation and gender identity.
  • Invasive or inappropriate questions.
  • Forms and communications that only recognize “mother/father” or binary gender options.
  • Lack of understanding of diverse family structures and reproductive needs.

These barriers can discourage individuals or couples from pursuing fertility treatment—even when medically indicated.

2. Improving Health Outcomes

Inclusive care leads to better psychological and medical outcomes. Parties who feel respected are more likely to:

  • Communicate openly with providers.
  • Adhere to treatment plans.
  • Experience reduced stress and anxiety during a process that is already emotionally and physically demanding.

3. Ethical and Legal Imperatives

Professionals have an ethical responsibility to provide nondiscriminatory care. In many places, laws also prohibit discrimination based on sexual orientation and gender identity. An inclusive practice is not just compassionate—it’s compliant.

The Power of Language in Party Care

Language is more than words—it shapes perception, trust, and belonging. For LGBTQIA+ parties, everyday language can either affirm identity or reinforce exclusion.

Inclusive Language Principles

Below are foundational principles to guide communication:

1. Use Gender-Affirming Terminology

Avoid assumptions about gender or relationships. Recognize that:

  • A “partner” might be male, female, nonbinary, or gender-diverse.
  • Terms like “mother” and “father” may not apply.

Preferred alternatives:

  • Instead of “Mom/Dad,” use parent, guardian, parent 1/parent 2.
  • Instead of “husband/wife,” use partner/spouse.
  • Instead of “woman/man with infertility,” use person/couple seeking IVF.

2. Respect Pronouns

Always ask for and use party’s correct pronouns (e.g., she/her, he/him, they/them, neopronouns). Misgendering can cause harm—even unintentionally.

Best practice:

  • Introduce your own pronouns (“Hi, I’m Dr. Lee, and I use she/her pronouns. What pronouns do you use?”)
  • Include pronoun fields on intake forms.
  • Train all staff to practice and normalize pronoun sharing.

3. Avoid Heteronormative Assumptions

Default assumptions about relationships or reproductive plans can alienate LGBTQIA+ parties. For example:

  • Don’t assume sperm donation is needed for all lesbian couples.
  • Don’t assume both partners want to carry a pregnancy.

Words to Avoid

  • “Real mother/father”
  • Gendered body assumptions (e.g., “as a woman, you must…”)
  • Binary language where diversity exists

Words to Use

  • Affirming terms like gestational carrier, intended parent(s), assigned male/female at birth (only when medically relevant and with consent).

Inclusive Intake Forms & Documentation

Forms are often the first interaction parties have with a professional. They set the tone for inclusivity.

1. Gender and Name Fields

Include:

  • Legal name — for insurance and records
  • Chosen name — for respectful communication
  • Pronouns — with options and a free-text field

Example:

Legal Name: __________

Chosen Name (if different): __________

Pronouns: ________ (she/her, he/him, they/them, other)

Avoid:

  • Gender checkboxes restricted to “Male/Female”
  • Questions that require explanation for nonbinary identities

2. Family Structure & Partner Information

Replace:

  • “Mother” and “Father” with neutral terms like contact parent/guardian, partner, intended parent.

For example:

Party Relationship Status: ___ (single / married / partnered / other)

Partner’s Name: __________

Partner’s Pronouns: __________

Relationship to Party: __________

Conclusion: Beyond Words—Towards Welcoming Care

Inclusive language and welcoming environments are not “extras” in reproductive care—they are essential for providing equitable, respectful IVF services to LGBTQIA+ parties. By reexamining language, redesigning intake systems, training staff, and affirming every parent’s journey, professionals can transform party experiences and outcomes. Inclusivity is rooted in dignity, respect, and care.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Unequal Beginnings: Disparities in Access to Infertility Treatment in the United States

Modern Fertility Law · January 8, 2026 ·

Infertility affects millions of people in the United States, yet meaningful access to treatment remains deeply unequal. Although infertility is recognized by major medical authorities as a disease, significant economic, geographic, cultural, and systemic barriers prevent many Americans from receiving the care they need. These disparities are shaped by where people live, how much money they earn, who they are, and how they interact with the health care system — resulting in uneven access to diagnosis, treatment, and successful outcomes. 

Modern Fertility Law

What Is Infertility and Why Does Access Matter?

Infertility is medically defined as the inability to conceive after 12 months of regular unprotected intercourse or a related reproductive issue in individuals or couples seeking pregnancy. It affects both women and men, with roughly 12% of women in reproductive age and nearly 10% of men experiencing impaired fecundity nationwide. 

Infertility isn’t merely a medical condition — it has profound psychological, relational, and economic ramifications. Those struggling with fertility often encounter stigma, mental health challenges like depression and anxiety, and social stressors related to family and community expectations. 

Despite its prevalence and implications, substantial disparities exist in who gets care — and who doesn’t.

Regional Disparities: Geography and Treatment Access

One of the clearest barriers to infertility care in the U.S. is geography.

Infertility Clinics Are Unevenly Distributed

Fertility clinics and specialists such as reproductive endocrinologists are concentrated in urban, high-income areas and states with favorable insurance laws. Many parts of the country — especially rural regions — lack reproductive technology services entirely. Research suggests that approximately 18 million women of reproductive age live in areas without any Assisted Reproductive Technology (ART) clinic, while another several million have access to just one. Springer

Several states — particularly in the South and Midwest — have few reproductive specialists, while states with IVF insurance mandates and higher incomes, such as Massachusetts or Connecticut, tend to have more clinics and providers. 

Cost Disparities by Region

Even the costs associated with basic infertility evaluation — before any advanced treatment — vary significantly by region. A study of diagnostic workup costs found that total expenses can range widely, with some states charging nearly four times more than others for the same evaluations. Infertility workups averaged highest in the Midwest and lowest in the West, closely linked to local median income levels. PubMed

This uneven cost landscape means that people living in certain regions may face substantial financial burdens just to get diagnosed, which can deter or delay treatment entirely.

Financial Barriers: The Cost of Wanting a Child

Perhaps the most discussed and profound component of access disparities in infertility care is financial cost.

High Treatment Costs without Insurance

Unlike many medical conditions, fertility treatments — particularly advanced options like in vitro fertilization (IVF) — are seldom fully covered by health insurance in the U.S. Most patients pay out of pocket for fertility care, leading many to incur significant debt or forego care altogether. 

Estimating the true cost of treatment depends on individual needs, but a single IVF cycle — including medications — can average around $19,000 or more. If multiple cycles or additional procedures are required, costs can quickly exceed what many households earn in a year. 

Thousands of Americans turn to medical crowdfunding or loans to cover these expenses — but success is uneven and often hinges on someone’s social network and visibility, further amplifying inequities. Anecdotal reports from patients describe paying tens of thousands of dollars out of pocket, with many depleting savings or going into debt to afford treatment. Reddit+1

Limited Insurance Coverage

Insurance coverage for fertility care in the U.S. is patchy at best. While 15 states have laws requiring some private insurers to cover fertility services, the requirements vary widely and often exclude major portions of the population. Medicaid, the federal/state program for low-income individuals, rarely covers infertility care — and in most states covers no fertility treatments at all. KFF

Even in states with mandates, large employer plans that are self-insured are exempt from state rules under federal law, meaning many workers receive no coverage despite living in a so-called “mandate state.” 

Impact on Lower-Income and Working-Class People

The result of these financial realities is stark: those with lower incomes or less comprehensive insurance are far less likely to pursue or complete infertility treatment. Studies demonstrate that Black and Hispanic women — who on average have lower household incomes — report using infertility care at much lower rates than White women. KFF

Additionally, the fear of rising costs leads patients to delay or discontinue treatment. Some studies report that more than one-third of women undergoing IVF stopped treatment due to cost concerns. 

Economic and Insurance Logistics: The System’s Role

The economic disparities in care trace back to systemic features of the U.S. health care system.

Employer Insurance Complexity

The majority of Americans obtain health insurance through employers, but coverage for infertility treatments is far from universal. Only a minority of large employers voluntarily include IVF benefits. For federal employees, Medicaid recipients, and those relying on certain private plans, fertility treatments often remain uncovered. SpringerLink

Moreover, insurance plans may impose restrictive criteria (e.g., requiring months of trying without pregnancy, excluding single or LGBTQ+ individuals) that limit eligibility for covered services. Such administrative barriers functionally exclude many people from care even if insurance nominally covers some treatments.

Cost-Driven Treatment Decisions

When substantial costs fall on patients, treatment decisions often prioritize affordability over medical best practices. For example, some people may choose to transfer multiple embryos in a single IVF cycle to maximize their chance of pregnancy per cycle — a strategy that can increase health risks but reduce financial burden. 

Personal and Cultural Barriers

Financial and systemic challenges are compounded by personal, social, and cultural barriers that may dissuade people from seeking care.

Stigma and Misunderstanding

Certain cultural groups may carry stigma around infertility, leading individuals to delay care or avoid medical intervention altogether. Research indicates that within Black, Hispanic, Asian, and Muslim communities, social pressures, communication differences, privacy concerns, and mistrust of the medical system can reduce the likelihood of seeking treatment.  Integration

Language barriers and lack of culturally competent education about fertility and available treatments further exacerbate these disparities, as does the uneven distribution of fertility education resources across communities. Springer

Discrimination and Implicit Bias

Studies suggest that Black women are significantly more likely to report race as a perceived barrier to receiving fertility care compared with white women. They are also more likely to cite income and other factors as obstacles. PubMed

In some cases, patients have reported that care providers make assumptions about fertility potential based on race or ethnicity, downplaying concerns or steering patients toward other reproductive goals rather than assisting with fertility problems.  Integration

LGBTQ+ and Single Parents

Definitions of infertility that hinge on heterosexual intercourse unintentionally exclude many same-sex couples and single parents, complicating access to coverage and services. LGBTQ+ individuals often face additional administrative hurdles to obtain authorized care or insurance coverage, and sometimes pay out of pocket for donor sperm, eggs, or gestational carrier services that heterosexual couples do not. KFF

Health Disparities in Treatment Outcomes

Access issues extend beyond whether someone receives care to how successful that care is.

Even when treatment is obtained, existing research shows that racial and ethnic minorities may experience lower success rates with fertility treatments like IVF. Studies indicate that Black, Asian, and Hispanic women have lower clinical pregnancy and live birth rates and higher miscarriage rates compared with non-Hispanic white women — a disparity that remains poorly understood but may involve biological, behavioral, or care-related factors. PubMed

Delayed access to care — due to cost, stigma, or systemic barriers — likely contributes to worse outcomes, as older age at treatment is linked to lower fertility success. PubMed

Toward Solutions: Policy and Practice

Addressing disparities in infertility care demands action on multiple fronts:

Insurance Reform

Expanding comprehensive insurance coverage for infertility services across all states and insurance types — including Medicare and Medicaid — would substantially reduce financial barriers. Advocates argue that fertility care should be treated as essential health care rather than an elective option. ACOG

Geographic Equity

Policies that incentivize the establishment of reproductive care centers in underserved areas — or support telemedicine where appropriate — could help mitigate geographic disparities in access.

Cultural Competency

Health systems must improve culturally competent care, address stigma, and ensure language barriers are overcome so that all communities are informed about treatment options and access points.

Data and Research

More research is needed to understand why treatment outcomes differ among groups and how to tailor interventions effectively.

Conclusion

Infertility should be a matter of health equity, not privilege. Yet in the United States, access to infertility treatment is shaped by where someone lives, how much they earn, what insurance they hold, and who they are. Economic barriers, regional imbalances, cultural stigmas, and systemic biases all contribute to an uneven fertility care landscape that disadvantages many Americans.

For a society that values family and health equity, ensuring fair access to infertility treatment — from diagnosis to outcomes — is an urgent priority. Closing these gaps will require thoughtful policy reform, systemic healthcare changes, and a broader societal recognition that building a family is a basic human concern, not a luxury reserved for the few.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

Planned oocyte cryopreservation: preserving future reproductive potential

Modern Fertility Law · January 7, 2026 ·

Planned oocyte cryopreservation—commonly called elective egg freezing—allows individuals to store unfertilized eggs for future use, decoupling the timing of childbearing from the biological clock. Once an experimental idea, oocyte cryopreservation is now a mainstream reproductive option thanks to technological improvements (particularly vitrification) and wider social acceptance. Here we’ll examine the medical, practical, ethical, legal, and social dimensions of planned egg freezing, and offers guidance on counseling and decision-making for people considering it.

What is planned oocyte cryopreservation?

Planned oocyte cryopreservation is the intentional retrieval and freezing of a woman’s eggs when she is not experiencing infertility—often to preserve fertility against future age-related decline or before life events (career, lack of partner, medical treatments, etc.) that might delay childbearing. The process follows the same initial steps as standard IVF ovarian stimulation: hormonal stimulation to produce multiple mature follicles, transvaginal ultrasound-guided egg retrieval under sedation, and laboratory vitrification (rapid-freeze) of mature oocytes. When the person is ready to attempt pregnancy, eggs are thawed, fertilized (usually by intracytoplasmic sperm injection, ICSI), and resulting embryos transferred or frozen.

Medical effectiveness and limitations

The chief biological rationale for oocyte cryopreservation is that a woman’s egg quantity and quality decline with age—especially after the mid-30s—leading to lower chances of natural conception and higher risks of miscarriage and chromosomal abnormalities. Freezing eggs at a younger age preserves the age-related quality of those gametes.

However, planned egg freezing is not a guarantee of future pregnancy. Success depends on multiple factors:

  • Age at freezing. Younger eggs are more likely to survive thawing, fertilize, implant, and produce a live birth. Most clinics advise freezing in the late 20s to early 30s for maximal benefit, though personal circumstances vary.
  • Number of eggs stored. More eggs increase the probability of achieving one or more pregnancies. Recommended target numbers differ by age and clinic protocols; younger individuals can expect to need fewer eggs for a reasonable chance, while older individuals may require multiple stimulation cycles to reach similar counts.
  • Laboratory technique and clinical expertise. Vitrification markedly improved oocyte survival compared with older slow-freeze methods, but outcome quality still varies by lab standards and embryology skill.
  • Future partner/sperm availability and health. Pregnancy ultimately depends on fertilization with sperm and a receptive uterus; egg freezing only preserves the oocyte side of reproduction.

Clinicians should communicate realistic, individualized success estimates to patients. Broad population statistics are of limited value unless contextualized by the patient’s age, ovarian reserve (e.g., AMH, antral follicle count), and the planned number of eggs.

Risks and side effects

Oocyte cryopreservation carries risks similar to other controlled ovarian stimulation and retrieval procedures:

  • Ovarian hyperstimulation syndrome (OHSS). Rare but potentially serious; modern stimulation protocols and trigger options have reduced its incidence.
  • Procedure risks. Retrieval is minimally invasive but involves anesthesia and small risks of bleeding or infection.
  • Emotional and psychological impact. Patients may experience stress related to procedures, decisions about how many cycles to undergo, and uncertain future outcomes.
  • Financial and opportunity costs. Repeated cycles for older patients can be expensive and time-consuming.

Long-term health effects of stimulation and egg freezing have not revealed major red flags in available data, but ongoing surveillance is needed.

Who typically considers elective egg freezing?

People who choose planned oocyte cryopreservation include:

  • Individuals who wish to delay childbearing for personal, educational, or career reasons but worry about future fertility.
  • Those without a suitable partner but who desire genetic parenthood later.
  • People with family histories suggesting earlier reproductive decline.
  • Some who plan medical interventions (non-oncologic) that could affect fertility.
  • Transgender and nonbinary individuals pursuing gender-affirming care who want to preserve gametes before treatments that reduce fertility.

Each person’s circumstances, values, and reproductive timeline differ; egg freezing may fit some but not others.

Ethical, social, and equity considerations

Elective egg freezing raises several ethical and societal questions:

  • Autonomy and reproductive freedom. Advocates argue egg freezing expands reproductive choice, allowing people to better align life plans with fertility potential. It supports autonomy by decoupling reproduction from immediate life-stage constraints.
  • Medicalization and false reassurance. Critics warn that framing freezing as “insurance” can create false expectations—it does not restore the fertility of a younger person if eggs are frozen later, nor guarantee a live birth.
  • Social pressure and workplace dynamics. Employer-sponsored egg-freezing benefits have stirred debate: some see them as progressive benefits that enable career flexibility; others worry they may tacitly encourage delaying family formation or shift responsibility for work–life balance onto employees rather than organizational culture changes.
  • Access and equity. Egg freezing is expensive and unevenly covered by insurance, potentially widening reproductive inequities. Socioeconomic, racial, and geographic disparities affect who can realistically use this technology.
  • Future disposition and donor issues. Questions can arise about disposition of unused eggs, posthumous reproduction, or legal parentage. Clear legal frameworks and informed consent are vital.

Ethical counseling should not be one-size-fits-all; it must respect individual values while honestly presenting limitations.

Legal and regulatory landscape

Legal rules about gamete storage, disposition, and parentage vary by jurisdiction. Important legal topics include:

  • Consent and contract clarity. Consent forms and storage agreements should spell out who can access or use gametes, how long they’ll be stored, and what happens with abandonment or death.
  • Posthumous reproduction. Laws differ on whether a partner can use eggs after the donor’s death, and on how inheritance and parental status apply.
  • Insurance and employer policies. Coverage for elective egg freezing is rare; some employers offer benefits but may set conditions.

Prospective patients should seek legal counsel when complex scenarios are plausible (e.g., single-parent intent, future changes in relationship status), and clinics should maintain transparent, up-to-date policies.

Counseling and informed decision-making

High-quality counseling is a cornerstone of elective egg-freezing practice. Counseling should cover:

  • Realistic outcomes. Tailored estimates based on age, ovarian reserve testing, and the likely number of eggs needed.
  • Alternative options. Including embryo freezing (if a partner or donor sperm is available), timed natural conception, adoption, and assisted reproductive technologies later in life.
  • Costs, logistics, and timeline. Procedure costs, annual storage fees, and potential future IVF costs must be clear.
  • Emotional preparedness. Discussing expectations, possible regret, and the psychological experience of waiting and decision-making.
  • Legal and ethical consequences. Storage agreements, disposition choices, and contingency planning (e.g., in event of incapacity or death).

Shared decision-making frameworks that combine medical evidence with personal values lead to better alignment between expectations and outcomes.

Cost, access, and public policy implications

Egg freezing is primarily offered in private clinics, with out-of-pocket costs that can be prohibitive. The public policy debate centers on whether reproductive preservation should be considered an essential health service and who should bear the cost. Possible policy approaches include:

  • Insurance mandates or subsidies. Especially for those undergoing medically indicated fertility loss (e.g., cancer treatments), coverage is often justified and increasingly mandated in some places. For elective freezing, policy choices reflect societal values about reproductive autonomy and resource allocation.
  • Regulating employer benefits. Transparency and safeguards can prevent coercive workplace cultures.
  • Public education. Ensuring individuals receive accurate, evidence-based information to avoid misconceptions about guarantees or timing.

Addressing access inequities requires thoughtful policy interventions aligned with broader goals for reproductive justice.

Practical takeaways and recommendations

For individuals considering planned oocyte cryopreservation:

  1. Start with fertility evaluation. Tests like AMH and antral follicle count help estimate ovarian reserve and planning.
  2. Consider timing carefully. Earlier freezing generally yields better outcomes, but personal readiness and resources matter.
  3. Ask for clinic-specific data. Outcomes can vary; good clinics provide transparent success metrics and quality control.
  4. Plan financially and legally. Understand full costs — including storage and future IVF — and complete clear legal paperwork.
  5. Seek counseling. Both medical and psychosocial counseling are critical to align expectations and choices.

For policymakers and health systems: consider frameworks that balance individual autonomy with equitable access, clarify legal frameworks for gamete disposition, and ensure employer benefits do not replace broader structural supports for family-building.

Conclusion

Planned oocyte cryopreservation is a powerful option that can expand reproductive choices and reduce time-pressure anxiety for many people. Its utility depends on age at freezing, number of eggs preserved, and the quality of clinical care. It is not a guaranteed “insurance policy,” and its social roll-out raises important questions about equity, workplace norms, and informed consent. The best practice blends accurate medical information, individualized counseling, legal clarity, and societal attention to access. When offered responsibly and accessed equitably, elective egg freezing can be a meaningful tool within a broader set of reproductive options that enable people to align family goals with life trajectories.

Modern Fertility Law has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice. For further information on medical issues, please consult the American Society for Reproductive Medicine.

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 32
  • Go to Next Page »
  • Instagram
  • Twitter
  • YouTube

Modern Fertility Law, the firm of Milena O'Hara, Esq.


Privacy Policy | Contact

© 2025 Modern Fertility Law


Attorney Advertisement: This website provides general information related to third-party reproduction and is not intended as legal advice. Visiting this website does not establish an attorney-client relationship with Modern Fertility Law, PC. The information presented here should not be relied upon without seeking professional counsel. Modern Fertility Law, PC does not endorse and is not responsible for any third-party content accessible through this website. Modern Fertility Law, PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the content found on this website.