US to allow the sky’s the limit for donors
Thursday February 4, 2016

US to allow the sky’s the limit for donors

Thursday, February 04, 2016
From the US today comes news that the American Society for Reproductive Medicine has settled a court case brought by disgruntled egg donors over a cap on the amount that they might get paid.

The ASRM has agreed to remove the caps on payments. The deal still needs the approval of a court. Currently the amount that egg donors can be paid in the US varies, by virtue of the ASRM guidelines, to be between US$5,000 and US$10,000. The donors claimed that the caps were in effect an unlawful cartel.

This step is a retrograde one. No doubt the ASRM felt that legally it did all it could. The removal of a cap opens the possibility of exploitation of donors,  with all that entails. I say possibility, because we really don’t know what might happen. Donors might be paid a huge new amount, or the market might work- and the amounts may not vary much.

A likely impact is that unpaid donors in the US asre now going to be as rare as hen’s teeth. Therefore those (unpaid) donors in the US whose frozen eggs are exported to Australia for IVF here are likely not to donate- making the shortage of donors here more acute, and with the outcome that more Australians will go overseas for egg donation.

Legislation to cap payments to donors in the US is clearly needed. The sooner, the better.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen
De Facto Relationship: What Counts Under Family Law?

De facto relationship: what counts under family law?

Sharing a home does not automatically make two people a de facto couple. Equally, living apart does not necessarily mean that a de facto relationship cannot exist. Under Australian family law, the question involves more than an address. The central issue is whether the couple’s relationship amounts to living together on a genuine domestic basis.… Read More »De facto relationship: what counts under family law?

Paid Egg Donation in Australia: What Can Be Reimbursed

Paid egg donation in Australia: is it legal?

Can someone be paid to donate eggs in Australia? The short answer is no. Human eggs cannot lawfully be treated as something to buy or sell. Australia permits altruistic egg donation, not commercial egg donation. But that is not the end of the story. A donor may be reimbursed for reasonable expenses associated with the… Read More »Paid egg donation in Australia: is it legal?

Egg Freezing in Prison: The High Court’s Decision in Smith

Egg Freezing in Prison: The High Court’s Decision in Smith

Does a prison sentence also mean losing the opportunity to become a parent after release? That question sits at the heart of Smith v Chief Executive, Queensland Corrective Services, a powerful High Court decision about egg freezing, fertility preservation and the limits of punishment. The High Court unanimously found that egg freezing did not fall… Read More »Egg Freezing in Prison: The High Court’s Decision in Smith

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board