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

48 The Journal of Law, Medicine & Ethics 765-767 (2020)

San Diego Legal Studies Paper No. 20-479

5 Pages Posted: 25 Jan 2021 Last revised: 27 Apr 2021

See all articles by Dov Fox

Dov Fox

University of San Diego: School of Law

Seema Mohapatra

SMU Dedman School of Law

Date Written: 2020

Abstract

Tens of thousands of American women have frozen their eggs in hopes of buying more time to have a biological child. Fertility marketing comes too close to making explicit promises that are not supported by this medical technology. These commercial near-guarantees intrude on norms of informed consent and truthful advertising. But federal regulations fail to penalize offenders in a way that's meaningful or effective. This commentary responds to Michelle Bayefsky’s analysis call for transparency in the multi-billion-dollar market for reproductive services. It considers two issues that Bayefsky did not address: the history of assisted reproduction and who is left out of the egg freezing market.

Keywords: fertility, egg freezing, truthful advertising, assisted reproduction

JEL Classification: k36,I12

Suggested Citation

Fox, Dov and Mohapatra, Seema, The Moral Economy of Fertility Markets: Hope and Hype, History and Inclusion (2020). 48 The Journal of Law, Medicine & Ethics 765-767 (2020), San Diego Legal Studies Paper No. 20-479, Available at SSRN: https://ssrn.com/abstract=3762035

Dov Fox

University of San Diego: School of Law ( email )

5998 Alcalá Park
San Diego, CA 92110
United States
(619) 260-4600 (Phone)

HOME PAGE: https://www.sandiego.edu/law/about/directory/biography.php?profile_id=3332

Seema Mohapatra (Contact Author)

SMU Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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