From embryo screening to eugenics: how private companies circumvent national legislation
Even as assisted reproductive technology (ART) becomes increasingly widespread (+19.7% between 2015 and 2022 in Belgium alone), more and more couples are turning to commercial tests to select the best embryos or gametes. In the United Kingdom, tests carried out on embryos (pre-implantation diagnosis, PGD) during in vitro fertilisation (IVF) are legally limited to serious health problems (HFE Act), such as Huntington's disease, sickle cell anaemia or cystic fibrosis. However, some couples have circumvented this restriction by sending the genetic data of their embryos to the American company Herasight to help them choose embryos that will produce healthier and more intelligent children.
During IVF, parents can use PGT-A (Pre-implantation Genetic Testing for Aneuploidy), which is common in the United Kingdom and aims to analyse the DNA of embryos to detect chromosomal abnormalities. Based on the results obtained, parents are free, in the name of privacy, to use the genetic data of their embryos and send it to companies such as Herasight. Polygenic risk scores, used in particular by this company, are effective in early detection of diseases and improving diagnosis. However, their use remains highly controversial from a medical point of view when used at the embryonic stage. At this stage, it remains very difficult to take into account all risk factors, both genetic and environmental, and therefore to accurately predict the probability of an embryo developing a specific disease once it reaches adulthood. To date, no clinical studies have demonstrated the effectiveness of polygenic risk scores on embryos.
More fundamentally, from an ethical standpoint, the use of these scores to select the best embryos – from among healthy embryos – raises the sensitive issue of eugenics.
Couples who have undergone IVF at the Avenues clinic in London are said to have already used such a process, and others are considering it. After obtaining information from Herasight, these couples tell the clinic which embryos they wish to implant. According to the British health authority (HFEA), clinics are not supposed to choose which embryo to implant based on these polygenic risk scores, but in practice, they generally do not object to the transfer of the embryo chosen by the couples, provided there is no medical risk.
This reality highlights several legal loopholes and raises real ethical issues:
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Data protection law allows couples to access the genetic data of their embryos and does not restrict how they can use it.
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By transferring the genetic data of the embryos – and not the embryos themselves – to a company based in a more permissive country, couples are moving the controversial genetic analysis outside the national territory. Foreign companies thus provide information on embryos through expanded pre-implantation diagnosis and polygenic scores that provide information on disease risks, IQ and even height. Formally, these foreign companies do not carry out the selection of embryos themselves.
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The selection is made by the couples themselves, from among their healthy embryos, based on the information provided by the American company. Data protection laws, on the one hand, and the lack of a legal framework to support clinics in their refusal to implant embryos chosen by couples, on the other, allow couples to circumvent the law in their own country.
The circulation of data and the growing presence of commercial companies claiming to offer ever greater selection possibilities are leading couples who do not suffer from infertility to engage in artificial reproduction. IQ, height, sex of the child, detection of disease risks: the search for the perfect child seems limitless.
Faced with these positive eugenics (which is not limited to excluding embryos with abnormalities, but positively selects those deemed to be the most ‘high-performing’), a question arises: how will children born from such selection come to terms with their supposedly ‘perfect’ existence?
To learn more, listen to the bioethics podcast: Is there a right to the perfect child? Interview with Aurélie Cassiers
Source: The Guardian, 06/12/2025