Women cannot decide when to destroy their frozen eggs (and the same is not true for sperm)

BarcelonaPregnancies after 40 They are becoming increasingly common in Catalonia. And, in fact, it's the only age group where there are more births now than fifteen years ago, when the birth rate began to plummet. It's just the tip of the iceberg of a more complex reality in which Catalan women who want to have children are postponing the decision to become mothers for many reasons, such as the difficulties of balancing work and family life and the increase in job insecurity. Ahead delayed motherhoodMany women choose to freeze their eggs in case they decide to become mothers at an age when the chances of getting pregnant are lower. This has led to an exponential increase in the number of women preserving their fertility in this way in recent years, and consequently, to a large accumulation of eggs in biobanks where reproductive cells are stored. The reason: the law does not allow them to be destroyed when the woman wishes, an unusual circumstance that does not occur in the case of sperm, where nothing prevents a man from deciding to eliminate his reserve whenever he wants.

"We are thrilled that today there are more than 800,000 frozen eggs, and that number will continue to grow in the coming years," says Montse Boada, head of the biology section at Dexeus Dona. This is because the law regulating it was passed in 2006, when there were no sufficiently effective techniques for freezing eggs, which are the largest cells in the human body. The centers interpret this 20-year-old regulation as requiring that oocytes be preserved throughout a woman's fertile life, as with frozen embryos, and that their destruction requires the opinion of two experts certifying that the woman can no longer become pregnant. For Boada, this is "a limitation of a woman's right to choose," and she argues that the law needs to be reinterpreted or amended to allow women to choose when they want their eggs to stop being stored, as is the case with sperm. Now, when these women go to their fertility center to request the destruction of their eggs, they are told that, by law, they are obligated to preserve them as long as they are fertile. In Spain, the vast majority of these centers are private, meaning that the women who own these eggs must pay for their maintenance, even though they are certain they do not want to use them. Prices vary depending on the center, but Boada estimates the cost to be around 300 euros per year. Only 20% of the centers are publicly accredited, and they store eggs that have been frozen for medical reasons because the patient has had cancer, premature menopause, or has received toxic treatment that affects her fertility, such as chemotherapy, explains the head of the Assisted Human Reproduction section.

"Erroneous" interpretation

Faced with yet another instance of unequal treatment between women and men, Boada, who is also a member of the Bioethics Committee of Catalonia, questions the point of preserving these eggs for decades if their owners do not wish to use them and do not want to donate them for research projects or to other women or couples. After analyzing the law, the committee has concluded that one of the articles is being misinterpreted. It states that egg preservation "may be extended until the time deemed appropriate by the medical professionals" instead of stating that "it must be extended until the time deemed appropriate by the medical professionals," thus making it discretionary, not mandatory. Therefore, they are requesting a reinterpretation of the law so that women can freely choose the fate of their eggs, as men do with their sperm. The other options Boada proposes are modifying the article or amending the entire law, which complicates the process. For the expert, this is especially relevant because egg freezing is becoming increasingly common among women aged 25 to 35 who are postponing motherhood, meaning there will be a growing backlog of eggs in clinics. The expert also believes that women who have frozen their eggs and are certain they will not use them further should be encouraged to donate them to research projects that need them.

Exponential Growth

Data is key to understanding the exponential growth of egg freezing in Catalonia. In 2012, when the technique for preserving eggs had only recently arrived in Spain, just 75 women opted to preserve their fertility this way. By 2022, however, that number had reached almost 5,000, and experts predict that this figure will continue to rise in the future. Of those women who have frozen their eggs in the last decade, only between 20% and 30% have used them, but it's important to note that this statistic also includes Catalan women who froze their eggs a few years ago, and therefore, the expectation is that the percentage will increase in the coming years as they eventually become available. Furthermore, it's crucial to remember that "egg freezing is not a substitute for fertility," warns Julio Herrero, head of the assisted reproduction unit at Vall d'Hebron Hospital. The expert, along with Dr. Manau, participated this week in a colloquium coinciding with the presentation of the Vila Casas Foundation's Quiral 2025 Report on Women's reproductive and sexual health: information and perceptionIn which they addressed different challenges regarding motherhood in Catalonia.

Beyond the decision to freeze eggs or not, both emphasize the importance of providing fertility information to young people, similar to the existing contraception campaigns. They propose that fertility should be discussed not only in gynecologist appointments but also in general practitioner visits to detect, for example, future problems or anticipate situations. "We need a much clearer approach to fertility; we have already implemented initiatives in some Sexual and Reproductive Health Centers (ASSIR) and with doctors so they can provide earlier guidance," Herrero explains.