Advancements in fertility medicine have allowed people to achieve their dream of parenthood as never before. While scientific advancements have made fertility medicine more accessible, the same advancements have opened the door to uncharted legal territories. As assisted fertility treatments such as in vitro fertilization become more common, so do instances in which the treatment goes unthinkably wrong, with catastrophic consequences. Unfortunately, patients who suffer from reproductive negligence have few options for recourse as the current legal system does not adequately protect against this form of injury. The evolving medical landscape necessitates a more robust system of legal accountability and regulation of the fertility industry than that which currently exists. This article will discuss the current lack of fertility industry oversight, emergent problems and possible causes of action for victims of fertility negligence.

While fertility medicine encompasses many types of treatment, this article will focus on one of the most common: in vitro fertilization. In vitro fertilization (IVF) is an assistive fertility treatment method that combines a woman’s egg and a man’s sperm in a laboratory to create a fertilized embryo. The embryo(s) are then transferred to the uterus in hopes of a viable pregnancy. The egg and sperm come from either the hopeful parents themselves or from donors. Likewise, the fertilized embryo may be implanted in the biological mother or a gestational surrogate. The process of in vitro fertilization is physically invasive, emotionally taxing and financially demanding. To increase success rates, doctors select the healthiest embryos for implantation and may freeze unused embryos through a process called cryopreservation.

Legal Issues