Poland’s policy on frozen embryos violates autonomy, discriminates against single women

A recent article has brought attention to a troubling policy in Poland surrounding the use of surplus frozen embryos left over from in-vitro fertilization treatment (IVF). IVF requires fertilization of an egg outside of the womb, and embryos not used are frozen. What to do with surplus frozen embryos is a debate within bioethics: some argue they should be “adopted” for use by other couples, others argue they should be used in research. Most laws or policies on the issue, however, allow the woman or couple to make the final choice, unless they waive that right.

But under a Polish law passed in 2015, women who are separated from their husbands are then considered “anonymous donors” whose embryos can be adopted to a married couple after 20 years–without their consent.

Because Barbara is separated from her husband, as a single woman, she is now treated as an “anonymous donor” under a law passed in Poland in 2015.

“If the embryos are taken away from me physically, I know that after 20 years they will no longer be mine [they will be] taken away against my will,” Barbara says sadly.

Her embryos — with the same genetic material as her two daughters — could become babies raised by a couple she will never meet, and she may never know what becomes of them.

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When the regulations around IVF in Poland happened four years ago, putting Barbara in this situation, it was too late for single women who already had some of their embryos stored in dozens of clinics across the country.

They are no longer able to have their embryos transferred unless they have a male partner to help raise the child, Dr Magdalena Radkowska-Walkowicz says.

There are several ethical issues at stake– not only is adopting someone’s embryo to a married couple without consent a violation of one’s autonomy, but the law contains moral judgments about what the “ideal” family should be: clearly favoring married couples at the expense of the rights of single women. Further, the requirement that one must have a “male partner” in order to have access to one’s own embryos valorizes heterosexual relationships and reflects patriarchal norms.

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