Fertility Preservation for Medical Reasons and Reproductive Justice

Abstract

This Article addresses the issues related to fertility preservation in the emerg- ing area of fertility preservation for medical reasons using a reproductive justice framework. Fertility preservation for medical reasons refers to the process of pre- serving the fertility of women (and men) who need to undergo treatments that may cause reduced fertility or sterility. This process typically involves counsel- ing a patient about the potential fertility consequences of their cancer treatment, and then if a patient so chooses (and can afford it), freezing the eggs (or sperm) to potentially use later via in vitro fertilization or using a gestational surrogate. As cancer survival rates improve, the ability to bear children after therapy is increas- ingly a concern for many patients. Some patients may choose their cancer ther- apy based on the risk of fertility loss rather than on its effectiveness to cure the cancer. Unfortunately, a patient's race and insurance status often determines if and when they are told about the fertility consequences of their treatment. Those without insurance are often already financially challenged after a cancer diagno- sis, so physicians may not inform them about fertility preservation due to the high costs.