Women looking to donate their eggs should be aware of all the facts and the laws governing the issue because once the eggs are fertilised they are no longer considered the donor’s property.
In an unusual case held before the Family Court of Australia in August last year, a Sydney woman and her husband used their sperm and egg to make a child that the woman’s mother, Lauren, then carried as a surrogate.
The woman, Sharon, had been diagnosed with cervical cancer and her treatment rendered her infertile.
When Lauren gave birth, the law recognised her as the true mother and that Sharon and her partner Paul were simply donors.
An attempt was made by Sharon and Paul to adopt the child in order to overcome this problem, with the support of Lauren.
However the Family Court of Australia refused the adoption application stating that under the law Lauren clearly was the mother, even though Lauren did not want the child to be recognised as her own.
This was a consequence of subsections to the law to allow heterosexual and same-sex couples, as well as single women, to be recognised as rightful parents even if they have no ownership of the sperm and/or egg.
While New South Wales allows altruistic surrogacy it has no laws that recognise a surrogacy arrangement. Western Australia does have such surrogacy laws.
But private arrangements over egg donation do not necessarily include where the eggs may end up.
Two Melbourne gay men were able to buy eggs over the internet and used an Indian surrogate to girth birth to twin girls overseas, the Nine Network’s 60 Minutes recently reported.
In WA, egg donations have to go through licensed fertility clinics, which are governed by the rigorous standards set by the state’s Artificial Conception Act.
Under the act, a donor may only help up to five families and it has to be altruistic – any financial gain from the donation of eggs is illegal.
Scientific director of the Concept Fertility Centre in Subiaco, Peter Burton, said any payment for eggs can act as a coercion that may later back-fire on one or both parties and have serious legal ramifications.
‘In the US there is a lucrative market for egg donors. There are many arguments for and against payments being given – it’s a huge ethical debate,’ he said.
The only exchange of money allowed is the reimbursement of any medical costs undertaken by the donor.
Dr Burton said egg/sperm donors and recipients have to undergo mandatory counselling before any medical procedure.
‘It is extremely important that things don’t go wrong for the donor and the recipient so they have to undergo counselling both individually and together. It is during that time potential issues that could come up in the future are discussed. It is to ensure that both parties are comfortable with the issues.’
The centre has its own policy of only accepting anonymous donors who are younger than 35 and have their own families.
‘If it’s a known donation situation then it’s up to the recipient. It might be a relative in which case we would not say no if they didn’t have a family.’
There is also a stipulation under the act that both parties must wait three months, as part of a ‘cooling off’ period, to make sure that they are willing to go ahead with the donation.
Afterwards both parties have to have another counselling session, Dr Burton said.
‘They have the right to withdraw consent prior to fertilisation but after that, once fertilisation occurs where it is the combination of the donor and the recipient or recipient’s partner, the eggs become the responsibility of the recipient. It becomes quite difficult for the donor then. That’s why we have counselling and a cooling off period.’
Dr Burton said it was highly unusual for a counselor to recommend against going ahead with the procedure however they have had a couple of cases where the sperm donor was not considered a suitable candidate.
Factors that egg donors need to bear in mind are:
1) Once the child reaches the age of 16, they can have access to the donor’s identity. This can have a serious impact on younger people who donate sperm or eggs and later have a family.
2) Trying to withdraw consent becomes contentious once the egg is fertilised as the egg is then recognised by the law as belonging to the recipient.
3) The risks and side effects of the medical procedure for an egg donor. The donor has to have drugs to stimulate the ovaries, which leads to bloating and sometimes nausea. It also requires several injections, blood tests and ultrasounds. The donor also has to undergo an invasive surgical procedure to withdraw the eggs, which usually range between 10 and 15 in number.
Aja Styles
