The fate of thousands of surplus cryopreserved fertilised eggs that remain in cryopreservation banks concerns science, religion and society. At the end of 10 years, if the eggs are still in storage, they are sent to be destroyed by law.
Moral, legal and ethical issues were raised by the National Authority for Medically Assisted Reproduction (supervised by the Ministry of Health) in a public consultation for regulations concerning the disposal of embryos and the prospect of creating a public bank of surplus cryopreserved fertilised eggs.
The request for more than 17,500 cryopreserved fertilised eggs was submitted by the private clinic of Greek-Australian gynecologist Dr Konstantinos Pantos to the National Authority for Medically Assisted Reproduction. This is one of the largest numbers requested internationally.
Dr Pantos spoke to Neos Kosmos about how these embryos could be distributed free of charge to childless couples across the world.
“Not only in Greece, but also in Australia and other foreign countries, with the aim of stimulating Greek medical tourism,” he told Neos Kosmos.
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The legal framework governing medically assisted reproduction was enacted by two laws in 2002 and 2005 and was then one of the most progressive legislative frameworks.
Today however, some 15 years later, some of the regulations have dated and have not kept up with current scientific developments, as stressed in a press conference organised by the National Authority for Medically Assisted Reproduction.
Cryopreservation of embryos is a technique that ensures that couples have children at a later time with reproductive material from a younger age. In Australia, 10 years is the legal maximum time allowable for the cryopreservation and the end of this period is followed by the destruction of the embryos.
The regulation talks are part of the general context of amending the legislation on assisted reproduction, with the current provisions described by the president of the Medical Assisted Reproduction Authority, Sofia Kalantaridou, as “obsolete”. “There is no particular reason for them to be destroyed within the decade, but today it is obligatory,” she said, and even mentioned that in the USA a healthy baby was born from a frozen fetus which existed for 24 years.
According to Ms Kalantaridou, a representative of the National Bioethics Committee and a member of the National Authority for Medically Assisted Reproduction, Professor of Civil Law at the Aristotle University of Thessaloniki, Ms Kotzambasis agrees with her statement to start the consultation public bank of cryopreserved fertilized eggs.
Ms Kalantaridou read a message from the Metropolitan of Mesogaia and Lavreotiki’s chairman of the Bioethics Committee of the Church, Mr Nikolaou.
The Church Bioethics Committee had expressed its reservations about the future of frozen and surplus embryos and its concern for their fate, Mr Nikolaou said in his message. He pointed out that “the protection of human life even in its embryonic phase is non-negotiable”.
“Borrowing embryos is tantamount to classic adoption and can be accepted under certain conditions, their destruction can be avoided and they can be given a chance at life.”
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Right time for discussion
President of the Medical Association of Athens (ISA) George Patoulis noted talks could no longer be put off surrounding the issue now that it has come to the forefront of conversation. He also added that it is clear that it is time officials gave answers regarding the issues related to reproduction and the possibility that science can give people the opportunity to obtain a child.
“What should be checked is whether we have the right to destroy thousands of embryos,” Mr Patoulis said.
He went on to ask if the association has the right to consult what was decided 15 years ago and discard the abandoned embryos today.
Another important question raised by the president of the ISA is whether there is a social need, such as infertile couples who are in an ongoing process to be able to find fertilised eggs to bring a baby into the world.
“This need is growing and may be directly related to the level of satisfaction with abandoned embryos.”
In this sense ISA will seek, as he said, the substantiated global scientific point of view, which can offer an immediate solution to the many questions.
The number of ‘unwanted’, abandoned’ embryos in Greece alone is in the thousands and if this legislative gap is not regulated they will continue to be destroyed. “We propose that by law, the possibility be given for donation/adoption to other childless couples who wish to have children,” Dr Pantos said.
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The gynaecologist said he faced the biggest moral challenge of his career when in compliance with the current provision, had to collect the embryos that were cryopreserved in his clinic and reached the end of the 10 year period. It resulted in17,632 excess embryos created by people who had an fertility issues.
Dr Pantos submitted the request for the creation of a ‘Public Embryo Bank’ or a ‘Life Bank’ in a public hospital that has a Medically Assisted Reproduction Unit where embryos can be donated and are addressed to those couples who both face infertility in order to ‘adopt’ them.
He went on to mention that many of the clinic’s biological parents had forgotten their embryos and were indifferent to their fate. There are also others who have agreed in writing to give their surplus embryos, who do not wish to use them themselves to have children and are respectful towards donor and recipient anonymity.
There are also many who would like to use them themselves in a last-ditch effort to have children, since for various reasons, mainly financial, family or others, had postponed their decision for new children.
“Perhaps all three cases could find a way out with a legislative amendment that would primarily allow couples wishing to use their cryopreserved embryos in another attempt to have a child even though the currently legally permissible cryopreservation period has been completed. It’s very important for Greece and the country’s low birth rate,” Dr Pantou said.