Trading One's Eggs for a Service Discount Raises Tough Issues, Says Ethicist

This transcript has been edited for clarity.

Hi. I'm Art Caplan. I'm at the Division of Medical Ethics at NYU Grossman School of Medicine in New York City.

I had a case come to me of a 32-year-old resident who works in a hospital near where I am and was very interested in freezing her eggs. She wasn't married and was getting worried that maybe she wouldn't have a partner soon. She was also getting worried that the potential ability of her eggs to be fertilized would begin to decline, which is a phenomenon that does occur with age. She thought, I'm 32; maybe I should freeze my eggs now, as it's better than to try freezing them when I'm 35 or 37. The potency may be far less.

There are many programs out there now. There have been academic programs for a long time that have been doing egg freezing, and there are many children who have been born successfully. However, it's also true that people freeze their eggs when they're 40 years old, and the likelihood of their "working," if you will, is far less. I wouldn't say it's impossible, but age matters. This medical resident knew that and she decided to look into egg freezing.

Well, it turned out that egg freezing is not something that her student insurance plan — or most insurance plans in general — covers. The opportunity to do this is probably going to cost her about $10,000. There are many new egg-freezing infertility programs that have started up that aren't part of hospitals. There are clinics that are run for profit. They sometimes encourage women to freeze their eggs.

The student resident quickly found out that there were companies near her who would do egg freezing but would cut a deal if she agreed to take drugs to super-ovulate, make a large number of eggs, and they would be procured if she agreed to give half of them to other women who needed eggs for their infertility treatment. She could keep half and she could get very discounted treatment of egg freezing. In other words, she could barter her own eggs, said the clinic, if she was willing to accept the idea that she'd be donating them to others.

That may be a deal that she's going to accept. She doesn't have a path forward. She's worried about freezing her eggs right now. But there are many ethical considerations that really have to be thought through here.

First and foremost, she's giving eggs to others. They're going to use them to try to make children. They can't make their own eggs, for some reason. She's going to have some biologically related kids out there. It used to be that you could say to someone who donated sperm or eggs that this will be anonymous.

But in today's day and age with 23andMe, Ancestry, and better genetic testing, there's a pretty good likelihood that somebody is going to find out that the person they thought was their biological mom isn't, and they have someone out there who was the person who, in this case, donated an egg.

Is she willing to risk having that connection, that contact, to have someone enter her life in the future? It's a situation where she's donating the eggs, but I'll tell you that the clinic is going to make far more money using the donated eggs, probably getting $10,000 or $15,000 a cycle with people who are trying to have a child. They'll make much more money than she's going to get by donating.

She may get a $5000 discount, if you will, but the clinic has a business interest. The more they get women involved in bartering their eggs, the more they're going to profit. In a sense, she's being coerced, perhaps — I'm going to put it glibly — to sell cheaply. She probably is getting undervalue, even though she needs a path to do this egg freezing.

The other big issue is that we don't know that egg freezing is going to work for her until someone tries to use those eggs. She may have her own infertility problem not due to age but to other things. Approximately 8%-9% of couples do have infertility problems, sometimes related to gametes. She may never get a partner. Maybe she doesn't want to use these eggs on her own as a single mom. All of these issues have to be talked through.

What really troubles me here is not so much that someone would choose to barter their eggs, but that they don't get counseling. They don't get independent advice about thinking this all through. It's turning into a business. A business has a commodity — her eggs — that they want. She's getting more and more desperate, willing to cut a deal to get where she needs to be, but perhaps is not really thinking through all of the ethical dimensions that bartering or trading one's eggs in order to gain access to freezing entails.

We have to set up a system where there's independent advice and independent counseling; otherwise, I think we're closer to exploitation.

I'm Art Caplan at the Division of Medical Ethics at NYU Grossman School of Medicine. Thank you for watching.

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