Couples in the UK undergoing in vitro fertilization (IVF) are reportedly exploiting a legal loophole to bypass domestic regulations, ranking their embryos based on genetic predictions of intelligence quotient (IQ), height, and health. This controversial practice involves polygenic screening, a technique that scores embryos based on their DNA, which is not permitted for embryo selection at UK fertility clinics due to scientific and ethical objections regarding its unproven nature.

Under existing data protection laws, including GDPR and the Data Protection Act 2018, patients have the right to demand access to their embryos’ raw genetic data. They can then send this information abroad for analysis, circumventing UK restrictions in an effort to select embryos with predictions for desirable traits or reduced disease risks. This practice has created significant “legal and ethical confusion” for clinics, according to Dr. Cristina Hickman, a senior embryologist and founder of Avenues fertility clinic in London, who raised these concerns with the Human Fertilisation and Embryology Authority (HFEA).

Several US companies now offer commercial polygenic screening services. For instance, Herasight charges couples approximately $50,000 (£37,000) to assess an unlimited number of embryos. Herasight has confirmed working with couples undergoing IVF in the UK and claims its service can deliver an average gain of six IQ points for a couple with five embryos. It also provides predictions for sex, height, and risk scores for conditions such as heart disease, common cancers, Alzheimer’s, and schizophrenia. UK patients, like an anonymous 29-year-old woman with 16 banked embryos, express hopes of reducing disease risks and selecting embryos with a high predicted IQ, viewing it as a worthwhile investment for their children's future.

In the UK, embryo tests are legally restricted to serious health conditions like Huntington’s, sickle cell disease, or cystic fibrosis, as well as aneuploidy screening (PGT-A) for extra or missing chromosomes. Polygenic screening (PGT-P) for traits like health, height, and IQ is explicitly not permitted. The HFEA maintains that polygenic testing is unlawful for use in the UK and that licensed clinics should not offer such testing or base embryo selection decisions on information derived from it. Peter Thompson, the chief executive of the HFEA, reiterated that while UK-based couples can seek such testing and treatment overseas, UK clinics should not use that information for embryo transfer decisions.

However, the enforceability of the HFEA’s position is debatable. Dr. Hickman noted that clinics typically do not block a patient’s request for a specific embryo transfer if there are no medical safety concerns, suggesting that a judge might side with a patient’s preference. She advocated for allowing polygenic testing in the UK under HFEA ethical control rather than having it unregulated abroad.

The scientific basis and ethical implications of polygenic screening remain highly contentious. Herasight uses algorithms built from large genetic databases, including UK Biobank, and has published its scientific methodology. Nevertheless, the European Society of Genetics has condemned the technique as “unproven and unethical.” Critics, such as Prof. Frances Flinter of Guy’s and St Thomas’ NHS foundation trust, argue that polygenic scores are