(1) The collection of blastocytes is an action that follows the birth, and is not an independent action. Also, the collection and maintenance of blastocytes was promoted by all implicated parties (maternity clinics, doctors, maintenance banks) and this, along with the emotional burden imposed on the parents at the time of the birth of their children, cultivated the conditions for an aggressive commercial practice. Taking into account the circumstances under which the parents were obliged to take their decision to accept or to refuse the charges imposed, it was held that their freedom of choice was essentially impaired (or it was likely to be severely impaired), thus causing damage to their financial interests.
(2) In the past, the collection of the omphalion blood was not charged additionally. So, public modern methods should not be considered either as a subject for additional negotiations that trigger extra charges. Moreover, the fact that the clinic may face the possibility to compensate the consumer in case of a faulty collection of blastocytes cannot justify the additional charges imposed.
The practice of the maternity clinics to influence the freedom of choice of the consumers during their transactional decision as to accept or refuse the additional charges, therefore constitutes a misleading practice. Creating obstacles to altruistic actions (such as the donation of blastocytes) by imposing additional charges is contrary to professional diligence that an institution of medical services should show, even if it functions based on financial criteria.