Published by Vorzimer, Masserman, Ecoff & Chapman

Statement on the Solicitation of Egg Donors

Over the past 24 hours, our attorneys have been contacted to seek comment on a recent advertisement by an infertility agency in a student newspaper. While generally loathe to comment on such advertisements as it only serves to provide further publicity for an undignified cause, it is necessary to avoid creating unjustified misperceptions regarding the field of egg donation.

Recent start-up programs "offering" outrageous sums of monies to induce women to become egg donors cause a terrible disservice to the 6.1 million Americans who suffer from infertility. It is simply an unconscionable attempt to capitalize on a class of people that have already experienced tremendous emotional injuries and are particularly vulnerable to this type of exploitation. More often than not, these types of advertisements are a despicable media stunt, devised to garner media publicity for a start-up program. Fortunately, reputable professionals, including physicians, counselors and attorneys will avoid working with such contemptible programs.

We believe that women who serve in the capacity of donors should be compensated a reasonable amount for the risk, discomfort and inconvenience they must experience. However, serious legal and ethical issues are raised when women are solicited by exorbitant fees which are not even remotely related to the risk, pain and suffering and inconvenience suffered by the donor. Moreover, one must consider whether, given the outrageous payment being offered to attract such donors, whether the donors are proceeding with the donation process with complete awareness of the risks, or are essentially ignoring the perils and instead being compelled to do so for the financial reward. Any recipient couple that utilized a donor who was solicited as a result of such an advertisement, must seriously consider the validity of any contract they enter into with that donor. In such a scenario, there is a risk that the contract could be invalidated if the donor was unduly influenced into proceeding solely by the financial reward without having been informed of the ramifications of the arrangement. We are not opposed to an arms-length negotiations establishing what amount of compensation an egg donor will ultimately receive - we do object to the initial solicitation of these donors based solely upon these extraordinary offers of financial remuneration. We also believe that the well being of the donors are also being ignored. Issues such as the age of the donor, whether she has had a child of her own and the number of times she will be permitted to donate must be carefully considered.

This offensive and unethical behavior not only misrepresents how the more than 225 egg donor programs in existence in the United States operate, but has a dire and detrimental effect on infertile couples who may find themselves unable to afford an egg donor. If donors believe that $100,000 is the fair rate for the sacrifice they are making, then the vast majority of infertile couples who require donor eggs, will be excluded from experiencing the joys of raising a family as they will be financially barred from proceeding. Moreover, by soliciting donors in such a disgraceful manner, these organizations only serve to demean and denigrate the sanctity of a child by solely focusing upon aesthetic features and commercialized motivations. Another unjust consequence of this type of advertising gimmick is that infertile couples who are required to use donor eggs to begin a family, are being unfairly stigmatized.

We encourage couples considering any agency who so markedly deviates from the norms of the industry, to closely scrutinize the agenda and assess whether the agency has an ulterior motive by engaging in such a high profile advertisement campaign. Couples are implored to consider the background and qualifications of the donor program. As most infertility patients and professionals in the industry know, there are currently thousands of women who are currently available at donor egg programs throughout the country. The vast majority of these woman will receive a fee of between $2,000- $4,000. There are more donors than recipient couples currently. This begs the question: Why the need then to solicit women in such a fashion? In summary, donors are absolutely entitled to compensation. It is the manner in which these programs are soliciting donors that must be immediately addressed.

Opinion expressed hereinabove is attributable to Andrew Vorzimer and the Third Party Reproductive Division of Vorzimer, Masserman, Ecoff & Chapman.

February 10, 2000

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Last Updated: February 10, 2000

(c) 2000 By Vorzimer, Masserman, Ecoff & Chapman. All rights reserved. No part of this publication may be used commercially or reproduced without prior written permission of Vorzimer, Masserman & Ecoff. The Journal is published as a service to the Assisted Reproductive Technology community. The articles are summaries of the law and are not intended to be used in lieu of legal advice. The authors will, on request, be pleased to discuss their articles in greater detail.

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