TED Case Study Template

Case 688

Alice J. Carlson

M.A. Candidate, International Politics

American University, Washington D.C.

Computer Applications in International Relations Research
Fall 2003

IDENTIFICATION	HISTORY	LEGAL ASPECTS
ENVIRONMENTAL DATA	GEOGRAPHIC	TRADE DATA
RELATED CASES	CONTACT THE AUTHOR	CULTURE AND CONCLUSION

Families not just in the United States, but throughout the globe, are prolonging child rearing. By pursuing careers and education well into their mid-thirties to late-forties, women are finding natural conceiving methods problematic, if not impossible. Thus, a market to respond to such problems has been born. The assisted reproductive technology (ART) industry is becoming a multi billion dollar industry world-wide and has expanded its facilities to the internet. Creating a child, has now become as easy as shopping on ebay, where you can pick profession, physical characteristics, and even intelligence level of a donor. In this case study we will examine how human reproductive biota has become a significant issue culturally, legally, and as a trade issue. More namely, how selling eggs and sperm has created an environment whereby the body is being commodified.

The issue of the body as a commodity has been most recently brought forth with the controversial debate over the of the sale of human organs. From this discussion, the idea of selling human blood, tissue, and even gametes has surfaced. Most debates centralize around the notion of whether the particular “part” in question is “property” of the body, as most libertarians argue. The debate concerning gametes (human biota, which includes sperm and egg)is also connected to the discussion of gametes being categorized as organs, which would restrict all sales of gametes and reduce such “donation” to “gifting.”

From here, we need to examine where the sale of human gametes into the global market. The controversial sales of organs on sites such as Ebay (where a kidney was reportedly up for sale with bids as high as 6 million US dollars) has started the international inquiry into the legitimacy and regulation concerning the sale of human organs, blood, tissue, and gametes over the internet. Dealers of gametes even advertise and look for donors fitting specific physical and educational types and prospective buyers bid thousands of American dollars for simply a chance to become impregnated with the specific egg or sperm for sale with no guarantee of high intelligence, athletic ability, or beauty. Such sites, include the controversial site, “ronsangels.com” where beautiful models advertise their sperm or egg for sale, with prices ranging well over US $10,000.

In examining the concept of reproductive biota it is crucial to look at a specific case study. Here we will look at the United States. Within the US context, we will look at the ART services as well as the trade of biota abroad. In exploring the US case study we find that while other respective countries abroad have established a legal framework to respond to questions regarding the compensation and sale of sperm and egg, the US significantly lacks any significant legislation. By examining this market and more specifically the US, we will further understand the increased desire to turn the human body into a commodity, but also understand the restrictions and implications for doing so.

This ART market is a lucrative and expanding area to enter. In 1995, over 9.3 million women used infertility services, and more recently, “technological” reproduction industry has been discussed as a multi-billion dollar per year industry. i In 1999, over 5,000 women in the US “were impregnated with donor eggs, many which came from college students.”ii

There is thus a demand, and a supply, but how and should the market of gametes be controlled or monitored?

The international response to the sale of gametes is varied. The United States has set restrictions on the sale of human organs but has put forth little restriction on the sale of gametes, only recently have US courts ruled on such matters and these cases involved frozen embryos between two people. iii The Uniform Anatomical Gift Act of 1987 and the National Organ Transplant Act of 1984 have been two distinct pieces of legislation that the US has passed to respond to the sale of organs. Nations that prohibit the sale of gametes have started programs to encourage “gifts” and set up foundations to aid the costs associated with the donation. The strongest argument for prohibiting the sale of gametes goes along the same line as organ sales, whereby nations feel that the sale of such gametes would produce a market where the poor would be supplying eggs or sperm only to those who could afford to buy such eggs or sperm (the rich).

The sale of gametes and the possibilities for market restrictions is a reoccurring news story. In August 2003, the Netherlands started an investigation concerning an up-coming business/website, “babydonors.com” where customers may purchase fresh or frozen human sperm and eggs chosen among a catalogue. iv A practice, that the Netherlands is against. China has also most recently prohibited the sale of gametes. However, the sale of gametes continues in the US, not only over the internet but also on it’s college campuses, recruiting young and financially vulnerable males and females into gamete donation.

iScheper-Hughes, Nancy and Loic Wacquant. Commodifying Bodies. London: Sage Publications, 2002.
iiResnik, David. “Eggs for Sale.” East Carolina University: Ethics Health Care 3.1 (2000): n. pag.
iii.Shanley, Mary Lyndon. “Collaboration and Commodification in Assisted Procreation: Reflections on an Open Market and Anonymous Donation in Human Sperm and Eggs.” Law & Society Review, Amherst 36.2 (2002): 257-284.
iv Osborn, Andrew. “Dutch Alert on ‘Sperm for Sale.” The Guardian 6 August, 2003: n. pag

Legal Disciplines: World Trade Organization (WTO) and United Nations (UN)
Reproduction trade is a global phenomenon that can be placed within the context of both the World Trade Organization and the United Nations. A trend that is occurring throughout the globe is that couples, more namely, women are waiting longer to have children. Most women are pursuing education and careers well into their late thirties and then finding problems conceiving naturally. While some nations restrict and even prohibit outright the sale or trade of reproductive biota such as sperm and egg, couples now look outside their country and on the internet for potential donors. Here we examine the regulations that exist concerning reproductive trade and the applicability under current systems within the WTO and UN.

This case fits into the WTO in several ways. As highlighted in Table 1, reproductive trade can be applied to the Women’s Global Network for Reproductive Rights, TRIPS, and under the DSB’s current November 2003 case regarding pig semen. In the first example, the Women’s Global Network currently deals with issues of globalization related to women’s reproductive rights. The donation and compensation of gametes is a significant issue for the organization to address as well as monitor under the WTO. As the spread of globalization, encourages women throughout the world to focus on education and careers at the expense of starting a family early. Such effects if they do occur globally will increase the demand for reproductive services.

The second area of applicability of reproductive trade is under the TRIPS agreement whereby property rights are regulated. Most recently, the TRIPS agreement addresses issues of public health. In the Doha Declaration, TRIPS addresses the protection of the public in balance with the pharmaceutical companies. Reproductive trade is also a concern not only to public health but also concerning property rights of genetic material and how such material can and should be a commodity. Finally, and most recently, the creation under the DSB of a panel to rule on Australia’s trade ban on certain European products. Within this ban includes pig semen. The DSB would also serve as the best forum for any disputes arising from reproductive trade. In the DSB case, there is a dispute concerning several banned products but the ban on pig semen is what is particularly instructive to the reproductive trade case as it shows a potential divide globally concerning health standards and genetic purity. In the future, it is completely feasible to see the DSB rule on trade disputes regarding the health regulations, quality, and cultural and ethical barriers to reproductive trade.

Table 1: WTO Application

Body, Convention, or Activity	Issues	Applicability to Reproductive Trade
Women’s Global Network for Reproductive Rights	Deals with impact of globalization on women’s health and rights.	Globalization is especially pertinent to gamete trade as it includes across border exchange. The internet has also become a foundation for allowing trade in biota.
World Trade Organization's Dispute Settlement Body (DSB)	On November 7, 2003, the DSB created a panel to deal with issues brought forth by several members of the European community regarding Australia’s ban on importing various food and other products. Included in the banned items is pig semen.	While the DSM is dealing with pig semen, the continued growth in human sperm trade will be a concern. The human sperm trade is also concerned with health and quality of specimen much in the same way the agriculture trade operates thus, future application is possible.
TRIPS Agreement- Doha Declaration	Deals with the protection of intellectual property and copyrighted material.	The protection of genetic material could also be a component of such protection. Also, the TRIPS now includes sections dealing with public health (Doha Declaration). While the new sections deal with AIDS, there is relevance as this shows a merging of trade and public health issues.

Under the United Nations umbrella, reproductive trade could fit under several areas. In Table 2, these different regulations, conventions, and conferences are highlighted. Table 2 highlights that what does exist under the UN framework are many opportunities to incoporate reproductive issues into women and children's issues. Within the UN there exist more opportunities for applying reproductive issues whereas the WTO offers more opportunities for trade-related issues. Under the UN, several declarations, organizations, and conferences primarily deal with the rights of women and within that context reproductive rights. Next to each item in Table 2, the applicability concerning reproductive trade is mentioned.

Table 2: UN Application

Body, Convention, or Activity	Issues	Applicability to Reproductive Trade
UN Ban on Cloning-November 2003	A ban that would globally prohibit human cloning.	Although discussion on the ban was postponed by General Assembly until September 2005, it reflects the division and immense commitment to cloning as well as human reproduction.
Convention on the Rights of the Child-1989	Promotes and guarantees rights to individuals under the age of 18. Issues range from education, security, to media access.	Under Article 11, which deals with illicit transfer, reproductive trade could be included. Also under Article 21, with regard to adoption regulations and international exchange of children.
Women Watch-ongoing	Deals with equality and women’s rights.	Infertility and reproduction methods are concerns that are extremely relevant to women. Discussions and meeting could be formulated on these topics.
Sustainable Development/Women and Population-ongoing	Concerned with current issues of women as well as creating sustainable plans for population programs throughout the world.	A serious issue for women that is starting to emerge is infertility and family planning. This group should also look at the impact that prolonging childbirth will have on populations throughout the world.
4th World Conference on Women-1995	Developed standards concerning women’s rights-socio, economic, and political.	Could have included measures extending discussion on reproductive rights, including those relating to infertility methods.
Division for the Advancement of Women-ongoing	Deals with rights and concerns of discrimination of women.	Just as areas above mention, concern should be given to reproductive challenges.
Special Session for Children-2002	Progress and recognition of global children.	Incorporate provisions concerning access to parental information (disclosure), guidelines for cross-border trade of gametes.

Case Application: Central Legal Issues & Players
Reproductive trade is a growing concept in international arena but what are the legal dimensions to this market? There exist several central and peripheral legal dimensions to the reproductive trade. Primary or central legal issues of the trade include procedures and health standards of process, compensation for procedure, and characteristic or gender selection. Peripheral issues include donor and recipient agreements and contracts, visitation and disclosure rights, and post-process disposal of gametes.
There exist several players in reproductive trade, it goes beyond the donor and recipient. The main players in this trade are clinics that conduct assisted reproduction technology (ART) procedures, banks or organizations that collect donations, donors, recipients, children born out of ART procedures, and government agencies. All of these individuals have distinct interests and representations. The clinics, donation centers, and donors are mainly representing economic interests. They are also concerned with health and success rates of ART procedures. Recipients are concerned with characteristics, success rates, and adherence to contracts. Children out of ART practices are concerned with disclosure and information about donors. Government agencies are concerned with health, protecting the parties involved, and maintaining and upholding standards. Legal disputes that could arise out of the reproductive trade would concern health of specimen/donor, breaks in contracts, quality of child, unsuccessful pregnancies, and disclosure issues.

Legal Disciplines: International Domestic Law
The international domestic law that exists concerning reproduction trade and ART is very different from the laws in the United States. Where the United States has failed to address such issues, several countries have laws that restrict or even prohibit donors from being compensated outside expenses or donating gametes to anyone outside the couple. France and the UK are countries where it is especially difficult to participate in ART. In both countries, the governments have established bodies and legislation to specifically deal with the issues associated with ART. Much of the legislation that exists in many of the countries deals with post-mortem use of gametes and the role of donor and recipient (in most cases, must be from same couple). It is apparent that internationally, concern is focused on limiting or prohibiting compensation as well as prohibiting use of embryos for research or commercial use. In Table 3, the specific legislation and important terms are summarized.

Table 3: International Legal Framework i

Country	*Legal Framework*
Australia	Legislation regulates health and screening of individuals prior to donation and clinic reporting system. • Compensation prohibited beyond expenses.
United Kingdom	The Human Fertilization and Embryology Authority, regulates issues concerning fertility services and research. The Human Fertilization and Embryology Act of 1990 established the organization and addresses issues concerning infertility treatment selection, parental rights and disclosure, and research for advancing knowledge and techniques. • Assisted reproduction techniques including in-vitro fertilization and artificial insemination require authorization. • $25 cap on compensation in addition to expenses.
France	France has three main laws that address the issues of artificial reproduction these are the Bioethics Laws of 1994. They include the Human Body Respect Act, the Transplant and Reproduction Act, and the Named Data Act. The laws deal with human body rights, restrictions, parental rights and disclosures, and research. • Post-mortem sperm use prohibited • Creation of human embryos for the purpose of research or experiment prohibited. • One member of the couple must be one of the gamete donors. Third party help must be authorized if initial efforts fail. • Prohibits sale of embryos for compensation. • Assisted reproduction is restricted to couples who have been married or resided together for at least 3 years. • Donors of eggs or sperm are not compensated.
Germany	The Embryo Protection Law 1990, restricts human embryo and cloning research. The law also deals with stipulations of assisted reproduction including marriage clauses and legal agreements. • Sex selection prohibited • Post mortem sperm use prohibited • Sales of human embryos “created in vitro or isolated from females before imbedding in the womb” prohibited. • Transplantation of eggs restricted to gamete donor. • Egg transplant and insemination limited to discourage multiple births.
Israel	Ministry of Health regulates assisted reproduction practices. • Only women undergoing the actual in-vitro treatment may donate eggs (to themselves). • No compensation beyond expenses for donating gametes.

Legal Disciplines: United States Domestic Law
As mentioned above, the United States lacks legislation compared to their international counterparts. “Despite the prolonged existence and growing popularity of oocyte donation, there is a surprising paucity of legislation on the matter in the United States. Legislation that does exist is variable, ambiguous, tending to confuse more than clarify. ii Most legislation in the United States has focused on parental rights, disclosure, and the ownership of frozen embryos after the couple has separated or divorced.

The concept of frozen embryos is also a topic of contention in other countries. The topic of compensation for gametes is a topic that federal and most state governments of the United States fail to acknowledge. However, Louisiana and Virginia both address compensation. Louisiana specifically prohibits compensating or selling human gametes and Virginia officially “sanctions the sale of oocytes.” iii While the United States has not officially dealt with reproductive trade, some legislation and court cases are useful to look at. In Table 4, such pertinent information is discussed. These examples show the view in American courts that reproduction is a civil right that deserves little government intervention. Also important is the illegality to sell organs but hair, tissue, and blood are acceptable body “parts” that can be sold. The additional decisions or laws that exist in the United States relate to disposal of unused gametes and protocol for US clinics.

While the United States has not legally acted concerning reproductive trade, the future will warrant such action. As the US continues to become a top exporter in the gamete trade industry it will be vital to have established guidelines and protocol for trade. With a strong, Pro-Choice voice in the US, it is probable that the US will not prohibit the trade of gametes it will more than likely, develop measures that will ensure safety and prosperity for all parties. Perhaps the international community will also develop measures that are more restrictive and it is very likely the DSB will develop a panel to deal with trade bans and restrictions concerning reproductive trade. As countries continue to ban reproductive trade, couples will seek services elsewhere, on the internet through the United States.

Table 4: US Legal Framework iv

Legal Case	Purpose and Application
1984 National Organ Transplantation Act	Bans sale of organs for transplantation.
1992 Fertility Clinic Success Rate and Certification Act	Requires all clinics operating in the United States that perform assisted reproductive technologies to report data relating to number of procedures performed, pregnancy outcomes, and some specifics related to the persons involved. This data is then reported to the Centers for Disease Control and Prevention.
Skinner v. Oklahoma	Decided that to reproduce is a civil right.
Eisenstadt v. Baird	Decided that no matter what affiliation the person considering reproduction, they should be free from government interference regarding reproduction.
Planned Parenthood of Southeastern Pennsylvania v. Casey	Upheld previous court decisions regarding civil right to procreate and family planning but also stipulated that it was central to the Fourteenth Amendment.
Kass v. Kass	Decided that rights of parents are the same whether embryo is created in the womb or not. Also ruled that prior agreements concerning the disposal of unused embryos will take precedence over current desires for embryo use.

i Information in this chart is derived from several sources. National Institute for Research Advancement (NIRA) Policy Research 2001 Vol. 14 No.6. National Institute of Science and Technology Policy website: http://www.nistep.go.jp and Kenneth Baum (cited below).
ii Kenneth, Baum. “Golden Eggs: Towards the Rational Regulation of Oocyte Donation.” Brigham Young University Law Review. Provo: 2001 Vol. 2001.1, 107-167.
iiiBaum, 108.
iv Information in this chart has been derived from Carl Coleman. “Assisted Reproductive Technologies and the Constitution.” Fordham Urban Law Journal v. XXX . Judith Daar. “Assisted reproductive technologies and the pregnancy process: developing an equality model to protect reproductive liberties.” American Journal of Law & Medicine, Winter 1999. Also information available from the Genetics & Public Policy Center, “The Regulatory Environment for Assisted Reproductive Technology.” Available: http://www.dnapolicy.org/policy/art.jhtml

How has human biota become a commodity? In this section we will explore the trade dimensions of the case. Within this exploration we will look at fertility rates and the use of assisted reproductive technology(ART), the costs associated with ART, trading gametes, and finally, how the US has become a prominent exporter in biota trade. Through this examination we will further understand how the rise of reproductive trade (especially the US as an exporter) has been dependent upon developments in the internet and restrictions being developed in other countries concerning compensation

Fertility and Use of Assisted Reproductive Technology
With numerous couples seeking assistance with reproductive services, the once only doctor’s service has expanded through donation firms across the globe and via the internet. It is estimated that, “Approximately fifteen percent of women of childbearing age in the United States have received an infertility service at some point in their lives.”i

In Table 5, US specifics regarding ART type and result are highlighted. “According to 1999 data compiled by the Center for Disease Control and Prevention (CDC), the success rate for ART is approximately 25% (fresh, non-donor eggs or embryos).”ii

In 1999, it is estimated that approximately 5,000 women in the United States used donor eggs.”iii The number is startling for 2000, as a total of “25,228 live-birth deliveries and 35,025 infants resulting from 99,629 ART” occurred in the United States.”iv Table 6, looks specifically at the data for states and through this table we are able to see that the five states that reported the highest number of ART procedures and highest number of live births were, “California (13,194), New York (11,239), Massachusetts (8,041), Illinois (7,323), and New Jersey(5,506).”v

Locations of ART facilities exist through out the United States. Table 7 highlights such facilities, there are approximately, 110 sperm banks in the United States and most utilize web sales.vi The US, no doubt offers the best access to facilities for ART, “Four of the five largest sperm banks are based in the United States, and they control an estimated 65 percent of a burgeoning international business believed to be worth between $50 million to $100 million.” viiThere should be no misconception however, that infertility is a phenomenon unique to the United States.

International Use of ART
Throughout the globe women are experiencing the effects of infertility. Women throughout the globe postponing childrearing and thus dealing with infertility is on an international level. With the exception of the United States, most countries have begun to legally address issues associated with ART especially compensation. While the United States dominates the ART market several other countries have started to share in the market. “Denmark also exports a lot of human sperm. But donations there and in many other countries are anonymous. And these days customers want semen with a pedigree.”viii Within specific countries it is also difficult to find services and thus many couples either look at services over the internet or actually come to the United States, this is especially true as Wolf points out, “Middle Eastern and Asian sperm is harder to come by. Its quite common for a Japanese couple to travel to the united States for fertility assistance.”ix An additional concept that has brought more couples to the US is the restriction of compensation, “Israel and England severely limit donor compensation or ban it all together. Having eliminated these incentives to donate both countries are mired in drastic oocyte shortages.”x Sasha bluntly states the obvious of compensation prohibition, “If you ban compensation, you’re going to drive people to the United States.”

United States: Top Exporter
“Whatever the economic problems America may have, we can at least raise our fists and tell the world with pride that we are the No. 1 exporter of human sperm.”xii Due to such measures of compensation restrictions countries such as Canada are experiencing shortages and are now turning to the US for resources. The trend of the US assisting countries that have prohibited compensation is not subsiding.

“The export of human glands and secretions to Canada topped $1.5 million in the first nine months of 2000, up 139% in 2001. [Estimates are that in 2002-2003, Canadians will have spent between $3 and $5 million for high grade US sperm].”xiii

“If you want a donation from a blue-eyed, 6-foot, blond doctor who is Catholic and likes the outdoors, many sperm banks can deliver. And that’s one reason US sperm banks have a competitive advantage.”xiv

Thus while countries abroad are legal mandating ART, the US is engaging in a lucrative business and meeting the demands of not only the US but the global market, “The empirical evidence is clear: supply does not meet demand when donor compensation is regulated.”xv

Costs Associated with Assisted Reproductive Technology
As imagined by the sheer numbers of firms engaging in the market: ART is a lucrative industry. In both the sperm and egg donation industries, the donors and donor bank stand to make substantial amounts of money. Table 4 highlights the variety of ART options and approximate corresponding prices. In the area of sperm donation, “for American men who qualify, becoming a sperm donor can be somewhat lucrative. You can earn about $50 for each vial you fill.”xvi Xytex, a company that specializes in ART discusses further the earning potential of sperm donors, “payments are somewhere in the neighborhood of $50 to $70 per donation, with donors being able to deposit up to three samples in one week in some cases.”xvii A particular case study of an infertile couple who went the sperm donation route to solve their infertility spent approximately, “$5,400 buying sperm online, including shipping and other charges. They purchased 20 ampules single insemination doses from three different donors at the cost of $250 per ampule.”xviii

Egg donors stand to make even more money from infertile couples and donor banks. “We’ve all heard of people, most of them out of California, who want $10,000 or $15,000 and, if they have an MBA, they want $20,000.”xix Recommend payments have been suggested for both egg and sperm donation but really the donors or rather recipients drive the price. In addition, both men and women are without legal restrictions concerning the number of times they may donate.”xx Holland highlights the spectrum of egg donor payments,

“Women will get $4,000 for donating their eggs; at Ivy League universities the market value for white, blond, athletic intellectuals is upwards of $40,000. Some women advertise their eggs on the internet for as much as $150,000.”xxi

Procedure	Approximate Cost
Egg Donation	$14,000-$15,000
In-Vitro Fertilization	$7,800
Artificial Insemination	$200-$600
Donor Sperm Insemination	$525
Surrogacy	$10,000-$100,000
Adoption	$12,000-$24,000

The trade of gametes globally has been primarily facilitated by the internet. Below, the accessibility as well as consumer-friendly characteristics of using the internet to find ART services is discussed,

“The internet makes it a little easier. What were once intensely private transactions are now routine retail exchanges in an open marketplace where consumers shop for sperm much in the same way they shop for cars.”xxiii

“Americans bought about $45 million worth of frozen sperm (and related services) on the internet last year. That’s 70% of the $65 million industry in the United States.”xxiv

Just as the web provides speed and accessibility it too provides instant information and gratification. Springan and Noonan liken it to “checking out at Gap.com.”xxv The services on the internet are fast, accessible and informative, “Any internet search will call up hundreds of links to gamete donation-including catalogs of narratives and descriptions of the donors and their eugenic appeal.”xxvi

The ART field is rapidly growing as a profitable industry much in the same way agricultural animal sperm and embryos has been in the past. “Human sperm and cattle sperm sell for about the same amount on the open market. It’s interesting to note that the US is a leader in both commodities. In fact, sperm from a top bull can sell for $200.”xxvii With the growing success and accessibility of US ART services, the market will continue to boom as couples prolong raising families. The market will need to expand issues of health standards and regulations much in the same way the bull market has in the past. Thus regulations and legal steps are the next step for reproductive trade. However, this trade section has pointed out that with regulations comes limited supply and high demand, turning people onto the internet and focusing on the United States.

i Genetics & Public Policy Center, “The Regulatory Environment for Assisted Reproductive Technology.” Washington, DC April, 2003, n. pag. Available: http://www.dnapolicy.org
ii Genetics & Public Policy Center, n. pag. Table from the Centers for Disease Control and Prevention.
iii David Resnik, “Eggs for Sale.” The Bioethics Center 3.1 2000: n.pag.
iv Centers for Disease Control and Prevention, “Morbidity and Morality Weekly Report.” Assisted Reproductive Technology Surveillance, United States, 2000: 1.
v Centers for Disease Control and Prevention, 1. Table 6 from Centers for Disease Control and Prevention.
vi Karen Springen and David Noonan, “The Web has Changed the Process of Looking for Donors. Jokes Aside, It’s Become a Booming Business.” Newsweek Inc. 2003. Table 7 from Centers for Disease Control and Prevention.
vii Wolf, n. pag.
viii Wolf, n. pag.
ix Wolf, n. pag.
x Kenneth, Baum. “Golden Eggs: Towards the Rational Regulation of Oocyte Donation.” Brigham Young University Law Review. Provo: 2001 Vol. 2001.1, 153.
xi Sasha, 96-100.
xii Wolf, n. pag.
xiii Wolf, n. pag.
xiv Wolf, n. pag.
xv Baum, 154.
xvi Wolf, n.pag.
xvii Xytex 2001, quoted in Suzanne Holland, “Contested Commodities at Both Ends of Life: Buying and Selling Gametes, Embryos, and Body Tissue.” Kennedy Institute of Ethics Journal 11.3. John Hopkins University Press, 2001; 269.
xviii Springen and Noonan, n. pag.
xix Sasha, “Would You Sell Your Eggs?” Flare: Toronto, 2001 23.10: 96-100
xx Holland, 270.
xxi Holland, 272.
xxii Table derived from information on ABCNEWS.com. Available: http://more.abcnews.go.com/onair/WorldNewsSaturday/wknd_donoregg_story.html
xxiii Springen and Noonan, n. pag.
xxiv Springen and Noonan, n. pag.
xxv Springen and Noonan, n.pag.
xxvi Suzanne Holland: 269.
xxvii Buck Wolf, “Demand for US Sperm: A Uniquely American Export is Becoming Popular Overseas.” ABCnews.com 2003.
xxviiWolf, n. pag.

Angie*i , a college senior, was gradually approaching her graduation date. As the excitement of graduation neared, so too did the freighting aspect of paying off her student loans that had been accumulating over the past four years. Angie had held various jobs throughout college everything from making calls recruiting money from Alumni to being a server at a nearby sports bar. Unfortunately, these jobs would not be enough to help Angie escape her financial debt. In a campus newspaper, she found an advertisement, looking for a female in her twenties, Ivy-league educated, athletic, and willing to donate her eggs for $10,000. She finally found a way to leave college debt-free.

The story above highlights the market of gamete trade. Young, educated, and usually attractive males and females are lured into donating sperm and egg for large amounts of money (sperm donations range from $50-70 per time/3 times per week or egg donations, some of which have reached amounts of $25 to $50,000).ii However, more specifically in egg donations, the costs and implications to the donor remain secret and the donor themselves can even eventually become infertile. A Stanford student experienced such a situation, where the money ($50,000 in the ad) was more appealing than any possible costs, and in her case, she had a stroke.iii Without a demand, there would not be a supply, so who are the people that are writing the ads and footing the bills for egg donors?

Janet* and her husband Dan* had been trying to have children for over three years. Janet, who was gradually approaching 40, desperately wanted children but had put off having children in order to pursue her career goals. The couple had talked about adoption, but preferred to have a biological attachment to the child. After many fertility treatments, the couple decided to pursue egg donation. An ad was placed in several Ivy-league papers calling for healthy, young, athletic, and attractive women to donate their eggs so that the couple would be able to have their own baby, and in turn, the couple would pay for medical costs as well as provide a one-time fee of $10,000. This would finally be their way to having their “own” baby.

Infertility affects many couples, in fact approximately one in ten couples experience infertility.iv The trend, and exploding industry, to address this infertility, is the trade of gametes. The egg donation industry is “increasing at nearly 20 percent annually.”v Typical donors are, “27 years old, single, white, college-educated woman who have had at least one prior pregnancy.”vi Of this same study, it was revealed that, “58% of the women were first time donors and all of the donors felt that compensation was important.”vii This describes the donors, but the recipients are usually in their forties, and are physically unable to produce eggs. Although wild stories such as the woman who was in her sixties and through egg donation was able to have a baby occur, they are not the norm for recipients.

Finally, perhaps the most crucial impact is that concerning the human population. The International Union for Conservation and Nature highlight the main question, “In other words, are there some programs which, although technologically feasible, should not be initiated because of their long-term population-increasing consequences?”viii In the numerous articles that exist concerning the moral, ethical, and legal ramifications of gamete trade the concept of population has been left out of the picture. It should not however, because allowing a group of society that otherwise would be unable to reproduce, to do so, means an increase in the human population and the ill effects around the globe. We must also question the impact of creating babies along specific characteristics guidelines, such as beauty and intelligence. This is developing society into a characteristics-driven mode, much of what drives the discussions on cloning. Therefore, we must question how gamete trade affects not only those specifically involved in the transfer but those within the society that surrounds it.

The trade of gametes is a steadily increasing business, undying in its pursuit of individuals to produce and consume. Most often, gamete trade goes on through newspaper ads but trade has also seeped onto various websites through organizations and others have set up their own auction sites. Recently, I stumbled across two special ads in the Washington area. Below are two ads placed in the September 26, 2003 Washington Paper (this paper is read by numerous college students, is free, and is available on all campuses in Washington DC). Somewhere in DC there are several women calling to respond to the ads below and on the other side of town, several women are hoping that they call too.

-Healthy Women Needed for Egg Donor Program. The regions leading fertility program needs healthy young women between the ages of 21 and 32 to donate eggs to help infertile couples achieve pregnancy. Accepted donors remain anonymous and are compensated financially.

-Egg Donors Needed immediately for infertility patients. Requirements: healthy females age 20-30, high school education, drug free. Financial compensation, $5000.

i Both stories are fictious, but are based on the average people involved in both situations.
iiSuzanne, Holland. “Contested Commodities at Both Ends of Life: Buying and Selling Gametes, Embryos, and Body Tissues.” iiiKennedy Institute of Ethics Journal 11.3 (2001): 269.
iv Bernadine, Healy. “The High Cost of Eggs: Donors at Risk.” US News & World Report. 13 Jan. 2003: 44.
v Surekha, Vajjhala, “When Stork Fever Hits a Sobering Look at the Dangers of Fertility Drugs.” US News & World Report 17 July 2000:1.
vi Healy, 44.
vii“Highlights from Fertility and Sterility,” American Society of Reproductive Medicine 79.6 (2003): n pag.
viii Highlights from Fertility and Sterility, n. pag.
ix International Union for Conservation and Nature website: http://www.iucn.org “Our People, Our Resources.”

Several central concepts concerning the impact of gamete trade surface. The first is the effects on college-aged women and their bodies of going through such a process. This is culturally affecting young women, in that women can legally market and sell their bodies and tissues for substantial amounts of money. These women are lured into this market, unknowingly and many do not know of the medical reproductions they may soon face or face in the future because of such decisions. Secondary, is the implication of dividing the rich and poor among societies. The poor produce and sell eggs and the rich are the consumers. The rich also set the prices and exclude other interested consumers by setting the price so high, only rich couples are able to afford egg donations. Seeing the price of eggs in the markets between $15-20,000 highlights the impossibility of a poor, infertile couple of engaging in such a reproductive program.

The international trade of gametes will continue to grow as an important issue, as infertility becomes more of a reality. In this case study, it is possible to conclude that many individuals are lured into donation because of the lucrative opportunities. However, many do so without questioning the health complications or ethical considerations. Without a strong international legal framework regarding the compensation and sale of gametes, the trade will continue and disputes among nations will inevitably occur. These disputes will revolve around health as well as cultural and ethical considerations. There is no question that the trade in human biota is luctrative. The trade data supports such an idea. However, with nations taking different sides and legal action, there may soon be restrictions to the trade. We are left now in a situation whereby some items of the body are prohibited to be sold, while others such as gametes are left without restriction. This leads us to an important question,

I would suggest that the sale of gametes is an undeniable commodification of the human body. This case study provides the framework to question this specific commodity. Should there be more restrictions? Is it culturally acceptable to target young, college students for donations? How will this trade item become an issue for the WTO and international community? These are all questions that spring from this case study. With continued infertility, the market will continue to boom and these questions will have to be answered.

Artwork of sperm and fetus were created by the author, Alice Carlson. Reproduction is strictly prohibited without permission. For permission please contact the author.