Fertility Road Magazine 46 - September/October 2018

LEGAL
EXPERT: Liz Bottrill
EGG FREEZING:
IS IT A FERTILITY INSURANCE POLICY?
"Should I freeze my eggs" is a question many
women consider and for many different
reasons. Perhaps they have not found the right
partner or they are at a particular stage in
their life when they are simply not ready for
a child, but at the same time, do not wish to
miss the opportunity of producing and storing
eggs before their biological clock gets the best
of them, or before the quality of their eggs
degrade making it harder to become pregnant
in the future.
With many clinics offering egg freezing to
their patients, the procedure has transformed
from one only undertaken if there is a medical
need (perhaps before embarking on a course
of treatment which is likely to affect fertility)
to what has been termed by some as a fertility
‘insurance policy’ allowing women the
opportunity to take steps now in an attempt to
preserve their fertility just in case they are unable
to produce viable eggs in the future. However, the
value of that ‘insurance policy’ continues to be
a matter for debate with wildly varying quoted
success rates, which remain relatively low, and at
a not unsubstantial cost. Yet many take the view
that a backup plan is better than nothing at all,
even if it offers no guarantees.
However, the decision to freeze is only the first
of many decisions to be taken which can have
significant consequences in the future. For
example, should the egg be frozen on its own, or
should it be frozen as a fertilised embryo? The
embryo is thought to be more robust than the egg
increasing the prospects that it would survive the
freezing process but comes with less flexibility
to meet changes in the woman’s circumstances.
The genetic makeup of an embryo is set by the
choice of sperm used to create it (whether known
or through anonymous donor sperm) and cannot
be changed if, for example, the woman meets a
new partner before she is ready to have children.
Furthermore, if a woman and her partner
separate before the embryo is implanted and the
partner withdraws his consent for the embryo to
be stored or used, it may have to be destroyed.
The decision of when to freeze the eggs is also
an important one. From a medical perspective,
the advice seems to be to freeze early on rather
than waiting till you are in your mid to late 30s
and 40s and using egg freezing as a last-ditch
attempt to preserve fertility. Whilst this may
well be sound medical advice, there can be legal
ramifications. That is because in the UK, it is
only possible to store eggs for a maximum of 10
years after which they must be destroyed. The
only exception to that rule is if the woman, or
in the case of freezing embryos, her partner, are
or are likely to become prematurely infertile. In
that case, if the correct steps are taken before the
10 year time limit expires, the time for storage
can be extended.
The choices that freezing offers are undoubtedly
beneficial – but in making decisions about what
and when to freeze guidance should be taken from
both your medical and legal team. As with all
forms of insurance, a full assessment of the risks
and the possible future consequences is needed to
ensure the choice you finally make is the one most
likely to provide you with the best outcome in
your particular circumstances in the future.
Liz Bottrill is a Partner in the Family Law
Team at Laytons Solicitors with over 25 years’
experience in the field. She has a particular
interest and expertise in the law relating to
children and fertility.
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