‘Egg-Brokers’ the Legality of payment for Egg Donations

Abstract

The practice of using donor eggs in artificial fertilisation has become increasingly common.^[1] As a consequence, agencies specialising in sourcing eggs from would-be donors have emerged. Operating as so-called 'egg brokers', these agencies use advertisements to target young women, offering 'reimbursement' in exchange for the donation of eggs. The relatively recent emergence of this practice has meant that its legality has yet to be comprehensively addressed in the South African context. Focusing on the process of reimbursement for egg donations, this article will examine whether egg donation agencies operate within the parameters of the current law. In addition, the article will address the contrasting perspectives of how the law should be developed in order to better regulate the practice of egg donation.

[1] John A Robertson 'Compensation and egg donation for research' (2006) 86(6) American Society for Reproductive Medicine at 1573.