Monday, July 7, 2008

Unintended Consequences

Loss of donor anonymity leads to sperm donor shortage

A textbook story of a government mandate run amok is now playing out in the UK's sperm and egg donor business. The Human Fertilisation and Embryology Authority (HFEA) is the UK's independent regulator overseeing the use of gametes and embryos in fertility treatment and research. New HFEA regulations, which became effective in early 2005, have made it very difficult for childless couples to find an egg or sperm donor. As outlined in this article, the new regulation states that when offspring from any donor reaches the age of eighteen, they can access the identity of their donor. The regulation also stipulates that donors can no longer be compensated for their donations; they can only claim "reasonable expenses" incurred while donating.

The new regulations have had the obvious result of reducing the number of men and women who are willing to donate. The number of women treated with donor sperm fell by over 20% from 2,727 in 2005 to 2,107 in 2006. Shared eggs were used in only 680 fertility procedures in 2006, compared with 1,142 in 2004 (a 40% decline), the last year before the new regulations became effective. Donor anonymity has been typical of the egg and sperm bank business for decades in the United States, and before 2005, this was also true in the UK. While many donors have a desire to help childless couples, it's not hard to predict what would happen if they are given no choice in anonymity and are not compensated for their efforts.

The author of this article describes her quest to import donor sperm after learning of the two year wait in the UK. The author describes the struggle between different people's rights and states "Whose should be the greater? The right of the child to track down its biological parent when it's 18, the right of the donor to stay anonymous, or that of the mother simply to have the child?" At the present time, compromise would seem to be the best solution...many US sperm banks and egg donation programs now offer donors and patients a choice in anonymity. If there's anything positive that can be said about this situation, it's that it should be a clear warning to legislators in the US of the serious implications from following the UK’s regulations on donor anonymity and compensation.

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