Couples undergoing fertility treatment in the UK are reportedly using a legal grey area to have their embryos analysed and ranked based on predictions for intelligence, height, and long-term health risks.
The Legal Loophole and Overseas Analysis
Under current UK law, tests on embryos are strictly limited to screening for serious, specific conditions like Huntington's disease, sickle cell anaemia, or cystic fibrosis. The controversial technique of polygenic screening, which scores embryos on a range of traits and disease susceptibilities, is not permitted in British clinics.
However, data protection regulations allow patients to request the raw genetic data from embryo biopsies performed during routine IVF processes. The Guardian has learned that some couples are then sending this data to companies abroad, primarily in the United States, for polygenic analysis.
Clinics in a Quandary Over Ethical and Legal Confusion
This practice has placed UK fertility clinics in a difficult position, creating what Dr Cristina Hickman, a senior embryologist and founder of London's Avenues fertility clinic, describes as "legal and ethical confusion". Dr Hickman has raised the issue formally with the Human Fertilisation and Embryology Authority (HFEA), the UK's fertility regulator.
One US firm, Herasight, which charges around £37,000 to assess an unlimited number of embryos, confirmed it has worked with UK-based IVF patients. The company claims its service can offer an average gain of six IQ points for a couple with five embryos, alongside predictions for sex, adult height, and risks for conditions including heart disease, Alzheimer's, and schizophrenia.
A 29-year-old patient at Avenues, who has banked 16 embryos, told the Guardian she and her husband hope to use the service to reduce disease risks and select for higher IQ. "This seems the best bang for your buck; it's less per year than private school," she said, requesting anonymity.
Regulatory Stance and Enforcement Challenges
Peter Thompson, chief executive of the HFEA, stated unequivocally that polygenic testing for embryo selection is unlawful in the UK. He said licensed clinics "should not offer such testing and subsequent treatment" and should not use such information to choose which embryo to implant.
Nevertheless, experts question how this position can be enforced. Dr Hickman suggested that if a patient, armed with overseas analysis, insists on a specific embryo being transferred, a clinic would struggle to refuse without a medical safety concern. "I cannot think that, if this were to go to a judge, they would say no," she said, adding she would prefer the practice to be regulated ethically within the UK.
Scientific and Ethical Objections Mount
The scientific community remains deeply sceptical of applying polygenic scores to embryo selection. The European Society of Genetics has condemned the technique as 'unproven and unethical'. Critics argue the predictions are far from certain and could lead to a stratified society where wealth dictates genetic 'advantage'.
Professor Angus Clarke, a clinical geneticist at Cardiff University, warned companies are "dealing in murky science in an emotionally fraught context." He expressed concern about parents seeking the "best child possible" and the potential burden on children born under such high expectations.
In response, Herasight stated it works with parents globally by analysing data they legally obtain, does not work with IVF clinics directly, and does not influence embryo selection.
