American Fertility Association alarmed by Judge's embryo ruling

Feb 13 2005

The recent ruling in favor of a Chicago couple, who sued for wrongful death when their fertility clinic failed to preserve an embryo, raises great concerns for fertility patients across the United States. Citing the fertility clinic's error as a wrongful death is inappropriate and can have far-reaching consequences for those who seek to build their families using In Vitro Fertilization (IVF).

The American Fertility Association (AFA) knows first-hand how frustrating and disappointing the road to conception can be. As devoted family building advocates, The AFA sincerely empathizes with this couple's desire to have a child. However, The AFA is alarmed that the judge allowed this wrongful death suit to proceed. In doing so, he legitimized the couple's claim, which equated embryos in a laboratory with viable human life.

The AFA takes a different view and recognizes embryos created during IVF as only carrying the potential for human life. Not all embryos transferred to the uterus are carried to term or become babies. The Centers for Disease Control and Prevention report that approximately only a quarter of embryo transfers are successful. In their existing form in the laboratory, embryos are not yet viable and should not be considered a human being.

"Elevating an embryo to the status of a living and breathing child has implications on issues of choice and our ability to have children. This judge's ruling is an affront to reproductive rights and could place limits on the treatment options available for individuals using IVF," said Pamela Madsen, Executive Director of The American Fertility Association. "In the future, will we still have control over our own embryos as patients do today? Will we be allowed to donate, cryopreserve, and thaw without intent to transfer?" Madsen asked.

"While it is not a common occurrence, it is extremely unfortunate when a laboratory error results in the loss of an embryo. Every facility has the inherent mandate to safeguard their patients' embryos, as well as to protect their patients' choices regarding use of their embryos for future decision making," said Dr. Richard T. Scott, Jr., Scientific Director of The American Fertility Association and Managing Partner of Reproductive Medicine Associates.