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

D. Friedman , “Perk Up: Facebook and Apple Now Pay for Women to Freeze Eggs,” NBC News, October 14, 2014, available at <https://www.nbcnews.com/news/us-news/perk-face-book-apple-now-pay-women-freeze-eggs-n225011> (last visited October 9, 2020).

S. Mohapatra , “Using Egg Freezing to Extend the Biological Clock: Fertility Insurance or False Hope” Harvard Law & Policy Review 8, no. 2 (2014): 382-341.

S.E. Richards , “What Happened to All of Those Frozen Eggs?” New York Times, December 21, 2019, available at <https://www.nytimes.com/2019/12/21/opinion/sunday/egg-freezing-numbers.html> (last visited October 9, 2020).

M.J. Bayefsky , “Legal and Ethical Analysis of Advertising for Elective Egg Freezing,” Journal of Law, Medicine & Ethics 48, no. 4 (2020): 748-764.

See, E.g., J. Carbone and J.L. Madeira , “Buyers in the Baby Market: Toward a Transparent Consumerism,” Washington Law Review 91, no. 1 (2016): 71-107, at 77-79.

J. Hawkins , “Selling ART: An Empirical Assessment Of Advertising On Fertility Clinics’ Websites,” Indiana Law Journal 88, no. 4 (2013): 1147-1179, at 1169.

N. Wartik , “Making Babies: The Boom in the Infertility Business is Raising Hopes, and Increasing Criticism,” Los Angeles Times Magazine, March 6, 1994, at 18, 43, available at <https://www.latimes.com/archives/la-xpm-1994-03-06-tm-30688-story.html> (last visited October 9, 2020).

D.C. Schmittlein and D.G. Morrison , “A Live Baby or Your Money Back: The Marketing of In Vitro Fertilization Procedures,” Management Science 49, no. 12 (2003): 1617-1635, at 1631.

42 U.S.C. 263a-1 et. seq. (2012).

American Medical Association Council on Ethical & Judicial Affairs and Council on Scientific Affairs, Issues of Ethical Conduct in Assisted Reproductive Technology 2 (1996).

J.E. Brody , “I.V.F.’s Misleading Promise to Those over 40,” New York Times, October 17, 2016, available at <http://www.nytimes.com/2016/10/18/well/the-misleading-promise-of-ivffor-women-over-40.html> (last visited October 9, 2020).

M.E. Abusief , M.D. Hornstein , and T. Jain , “Assessment of United States Fertility Clinic Websites According to the American Society for Reproductive Medicine (ASRM) / Society for Assisted Reproductive Technology (SART) guidelines,” Fertility and Sterility 87, no. 1 (2007): 88-92.

On the right, for example, many are anxious about implicitly endorsing technologies that separate sex from reproduction. On the left, meanwhile, others are wary of opening the door to new forms of reproductive restrictions on who gets to form families and how. See D. Fox , Birth Rights and Wrongs (Oxford, 2019), at 29-30.

S. Mohapatra , “Fertility Preservation for Medical Reasons and Reproductive Justice,” Harvard Journal on Racial & Ethnic Justice 30, no. 1 (2014): 193-225, at 206 (2014).

H. Hoffower , “More Women are Freezing their Eggs to Delay Having Kids — But the Process Costs Thousands of Dollars and Still Might not Work. Here’s What You Should Know.” Business Insider, January 15, 2020, available at <https://www.businessinsider.com/how-much-does-it-cost-to-freeze-your-eggs-2020-1> (last visited October 9, 2020).

American Society for Reproductive Medicine Access to Care Summit, (September 10-11, 2015) available at <https://www.asrm.org/globalassets/asrm/asrm-content/news-and-publications/news-and-research/press-releases-and-bulletins/pdf/atcwhitepaper.pdf> (last visited October 9, 2020).

R. Ceballo , E.T. Graham , and J. Hart , “Silent and Infertile: An Intersectional Analysis of the Experiences of Socioeconomically Diverse African American Women With Infertility,” Psychology of Women Quarterly 39, no. 4 (2015): 497–511, available at <10.1177/0361684315581169> (last visited October 9, 2020).