Last month, an unexpected event shocked the global legal and medical community. Multiple arrests were made in connection to a human trafficking ring, based out of a well-respected fertility clinic in Greece, the Mediterranean Fertility Institute known for treating patients with infertility for over three decades.
On August 8, 2023, Greek police conducted a raid on the clinic, arresting nine members of the medical team including an obstetrician and an embryologist. The charges made against the arrested were severe and deeply unsettling. According to Neos Kosmos, the scheme revolved around brokers who sought women in desperate financial circumstances from countries such as Ukraine, Romania, Moldova, Georgia, and Albania, brought them to Greece, confined them until the process of egg donation or surrogacy was complete.
The list of wrongdoings includes human trafficking, illegal adoptions, counterfeit IVF treatments, sale and purchase of embryos (which is an impermissible practice, even in the United States), falsification of medical data, and forgery, fraud, and bodily harm. Case law from 1849 regarding slavery applied to embryos, except as per one Virginia judge’s interpretation.
This incident has significantly impacted Australia, with at least 150 nationals reportedly caught up in the scandal.
Despite most states taking a positive view of surrogate arrangements and advocating for the protections of all participating parties, this scandal brings up the question of how this incident will affect the United States. Will the United States see an influx of foreign patients seeking more legal avenues to parenthood, or will the high cost of surrogacy in the U.S. drive couples to choose more affordable options, despite the inherent risks?
The United States has yet to see an incident of such exploitation for egg donations or surrogacies. This does, however, bring to light the question of financial coercion and exploitation, particularly for individuals from developing economies. In the United States, monetary compensation for surrogates and egg donors is permitted, unlike many countries that see any form of compensation as potential exploitation. According to the Ethics Committee of the American Society for Reproductive Medicine (ASRM), financial compensations for donations are justified and should recognize the time, inconvenience, and discomfort spent in the process.
The Society for Ethics in Egg Donation and Surrogacy (SEEDS) in the U.S. has outlined standards to prevent economic duress during a surrogacy contract. These standards state that a surrogate candidate should be financially stable (above the federal poverty level) to prevent being financially coerced into the process.
The dialogue now revolves around ensuring that in vitro fertilization and surrogacy practices in the U.S. continue to be safe and ethical while ensuring that no such exploitation as experienced in Greece ever occurs on their home soil.