A Freeze on the Right to Freeze: Single Women Fight for Their Right to Freeze Their Eggs

By: Samantha Rothman

Single women in China are currently not allowed to freeze their eggs to use for in vitro fertilization.[1] Many young women are compelled to freeze their eggs so they can use younger years to work, and ultimately save money for their future families. [2] Currently, the Chinese government has completely barred access to the surgery that makes harvesting and freezing eggs possible.[3] As of now, in China, reproductive and fertility treatments are only accessible to married couples who are looking to have children.[4]

Teresa Xu, a thirty-one-year-old freelance editor has most recently been turned away from freezing her eggs.[5] Ms. Xu, who wanted to freeze her eggs so she could continue to work, and delay family planning until she was most comfortable with her finances was flat out denied by her doctor.[6] In fact, Ms. Xu’s doctor used the opportunity to inform her eggs were healthy and should have no problem being frozen.[7] Additionally, Ms. Xu’s doctor used the opportunity to tell Ms. Xu she would be better off marrying fast so she could naturally have children, without reproductive or fertility technology.[8]

As a result of this treatment and “advice” from her doctor, Ms. Xu filed a lawsuit against the facility the doctor worked for.[9] It turns out the doctor, as well as the facility, by refusing to perform the surgery were simply following the rules of the road for the profession.[10] The lawsuit is a discrimination suit. The complaint alleges that by refusing the treat single women and freeze their eggs, they are ultimately discrimination against single women.[11] This discrimination argument goes even further, beyond just the doctors and treatment facilities.[12] The Chinese government has placed a universal bar on this procedure, which targets single women.[13]

This law has brought attention to several underlying issues in China. After all, this is the first case in the entire country challenging the reproductive discrepancies, injustices, and inequality facing women across China.[14] Some issues are cultural, such as the emphasis on women having children with men, getting married, and continuing to raise children in what is considered a traditional family unit.[15] There is clearly a push for men to be part of the family structure, and for children to be raised with the notion of a traditional father figure.[16] Additionally, there are concerns about human trafficking, or black markets emerging, allowing these treatments to take place in unregulated and dangerous conditions.[17] There are also issues concerning a steady population that could become worse or heightened the longer this ban is in place.[18]

Because of the ban, Chinese women have had to go overseas to have this procedure performed.[19] The procedure has been known to run anywhere from $10,000 t0 $18,000.[20] The demand for the procedure is so high, some Chinese travel booking sites have started offering deals or financial aid subsidize the travel costs.[21]

The ban has made the surgery so uncommon in China, many women are not even aware they have reproductive and fertility options.[22] On the other hand, men in China are allowed to freeze their sperm.[23]

Ms. Xu’s case is currently on its way to trial.[24] Legal scholars from all over the world have been weighing in on how the case will end up based on the current reproductive inequality facing women in China.[25] As of now, the results do not seem too promising, as scholars do not think Ms. Xu has a strong chance of winning her case.[26] This case is bringing attention to the idea that giving birth, and having children, is a fundamental right for women all over the world.[27]

Although this issue has not been widely publicized, the issue is China has been long and pervasive.[28] For as long back as the mid-2010s, in order to freeze eggs, women in China have either needed to bring in a copy of their marriage certificate or leave China and go to another country to have the surgery performed.[29] Legally, the Chinese government has argued and explained the law is in place to prevent population control issues.[30] Some argue that this argument may have made more sense or carried more persuasive weight when China has a one child policy.[31] However, at this point in time, married couples are now allowed to have a second child. [32] Despite this shift, married women are still not allowed to have children alone, meaning they cannot freeze their eggs.[33] The juxtaposition of these policies seems to make it clear, the policy itself is not so much concerned with controlling population levels, but is concerned with eliminating any opportunity for single women in China to have children on their own.[34]

#china #women #reproductiverights #SamanthaRothman #Blogpost

[1] Sui-Lee Wee & Elsie Chen, China Blocked Her From Freezing Her Eggs. So She Sued., The New York Times (Dec. 24, 2019), https://www.nytimes.com/2019/12/23/business/china-egg-freezing-lawsuit.html.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] A Single Woman Fights to Freeze Her Eggs in China, The Wall Street Journal (Dec. 23, 2019, 8:09 AM), https://www.wsj.com/articles/a-single-woman-fights-to-freeze-her-eggs-in-china-11577106578.

[15] Sui-Lee Wee & Elsie Chen, China Blocked Her From Freezing Her Eggs. So She Sued., The New York Times (Dec. 24, 2019), https://www.nytimes.com/2019/12/23/business/china-egg-freezing-lawsuit.html.

[16] Id.

[17] Id.

[18] Id.

[19] Lily Kuo, Single Woman Sues Chinese Hospital for Refusal to Freeze Her Eggs, The Guardian (Dec. 24, 2019), https://www.theguardian.com/world/2019/dec/24/single-woman-sues-chinese-hospital-refuse-freeze-eggs.

[20] Id.

[21] Id.

[22] Id.

[23] Id.

[24] Id.

[25] Id.

[26] Id.

[27] Id.