Should Women Be Paid for Donating Their Eggs for Human Embryo Research?

Abstract

In Australia, the UK and Canada, the tradition in medical research has been that all tissue used in research should be donated gratuitously, including human eggs and embryos. Payments are not permitted beyond reasonable expenses, [i] such as reimbursement of the donors’ medical expenses and compensation for loss of earnings due to the donation. Similarly, European countries disapprove of ‘commercialisation’ of human tissue or obtaining financial gains from the donation of human reproductive materials. In the US, on the other hand, there is no federal legislation governing the sale of human eggs. They may be sold for a ‘fair price’ for use in fertility programs, except in states that have legislative restrictions on the sale of eggs for use in research. [ii] Recently, New York became the first American state to allow scientists to use public research funds to pay women for donating their eggs for use in research, or certain types of research. This may lead to questions about whether Australia should reconsider the prohibition of payment for human eggs for use in research, especially as the federal legislation on human cloning and embryo research will be reviewed next year. This paper considers the arguments that might be advanced in favour of paying women who donate eggs for research and some responses to counter-arguments. [i] Australia: Prohibition of Human Cloning for Reproduction Act 2002 (Cth) s 23; UK: Policy of the Human Fertilisation and Embryology Authority (HFEA) – Seed Review, 2004; Canada: Assisted Human Reproduction Act 2004 (Can); Canadian Institutes of Health Research, Guidelines for the use of stem cells. March 2001 (the guidelines have been updated several times, with the latest revision published on 29 June 2007). [ii] California, for example, prohibits the purchase or sale of an ovum, zygote, embryo, or fetus for the purpose of cloning human beings.