Payments for donors

Refer to principles 1, 2, 10 and 13

Regulatory principles that apply to licensed centres

1.
treat prospective and current patients and donors fairly, and shall not discriminate against them unlawfully;
2.
have proper respect for the privacy, confidentiality, dignity, comfort and well being of patients and donors;
10.
maintain proper and accurate records and information about all licensed activities;
13.
conduct all licensed activities with proper regard for the regulatory framework governing treatment and research involving gametes or embryos within the UK. including:
- maintaining up to date awareness and understanding of legal obligations;
- responding promptly to requests for information and documents from HFEA; and
- co-operating fully with inspections and investigations by HFEA or other agencies responsible for law enforcement or regulation of healthcare.

…see all the principles

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Mandatory requirements

Human Fertilisation and Embryology (HFE) Act 1990 (as amended)

12 General conditions

(1)
The following shall be conditions of any licence granted under this Act -

…(e) that no money or other benefit shall be given or received in respect of any supply of gametes, embryos or human admixed embryos unless authorised by Directions…

41 Offences

...(8)
Where a person to whom a licence applies or the holder of the licence gives or receives any money or other benefit, not authorised by Directions, in respect of any supply of gametes, embryos or human admixed embryos, he is guilty of an offence.
(9)
A person guilty of an offence under subsection (8) above is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level five on the standard scale or both.

Licence conditions

T69
No money or other benefit must be given or received in respect to any supply of gametes, embryos or human admixed embryos unless authorised by Directions.

Directions

0001 - Gamete and embryo donation

HFEA guidance

Payments or other benefits for donors

13AInterpretation of mandatory requirements

If the person responsible or the licence holder gives or receives any money or benefit for the supply of gametes, embryos or human admixed embryos that is not authorised by the applicable HFEA Directions, they have committed a criminal offence. Conviction may result in a prison term, a fine or both.

Centres must not accept an individual as a donor who is known (or is reasonably suspected) by that centre to have received or to be about to receive money or other benefits not in line with HFEA Directions.

Where the person responsible is aware that a person wishes to be treated using gametes obtained from a donor sourced by another agency or intermediary, including introductory agencies and internet websites, the person responsible:

a) should take reasonable steps to satisfy themselves that the requirements specified in HFEA Directions have not been breached, and
b) must keep a record of the steps taken for this purpose.

Centres may compensate sperm donors with a fixed sum of up to £35 per clinic visit.

Centres may compensate egg donors with a fixed sum of up to £750 per cycle of donation. Where a prospective egg donor does not complete the cycle, the centre may compensate the egg donor on a ‘per clinic visit’ basis, as specified in HFEA Directions.

Where a person has stored gametes or embryos for use in their own treatment but then consents to donate them, a centre may compensate the donor for subsequent visits on a ‘per clinic visit’ basis, as specified in HFEA Directions.

Centres may compensate donors with an excess amount in cases where expenses (such as for travel, accommodation or childcare) exceed the amounts specified in HFEA Directions. Centres may only provide excess expenses which:

a) are reasonable
b) do not include loss of earnings
c) have been incurred by the donor in connection with the donation of gametes provided to that centre, and
d) have been incurred by the donor solely within the United Kingdom.

Donors who are not permanent residents of the UK should be compensated in the same way as UK donors without an excess for overseas travel expenses. Centres must not directly or indirectly pay the overseas travel of a non-UK donor.

Centres may offer benefits in kind, in the form of reduced-price or free licensed services (for example, fertility treatment or storage) or quicker access to those services, in return for providing eggs or sperm for the treatment of others.

13.1
Advertising or publicity aimed at recruiting gamete or embryo donors, or at encouraging donation, should not refer to the possibility of financial gain or similar advantage, although it may refer to compensation permitted under relevant HFEA Directions.
13.2
The person responsible has a duty to assure themselves that no payments or benefits (except those in line with relevant HFEA Directions) have been given or promised to the donor by another agency or intermediary, including introductory agencies.
13.3
Donors may be compensated with a fixed amount of money, as specified in HFEA Directions, which reasonably covers any financial losses incurred in connection with donating gametes provided to that centre.
13.4
If donors have incurred expenses (not including loss of earnings) that exceed the amounts specified in HFEA Directions, the centre may compensate donors with excess expenses in line with HFEA Directions.
13.5
The centre should ensure that donors understand that donating gametes and embryos is voluntary and unpaid and that they may be compensated only in line with relevant HFEA Directions.
13.6
If an egg donor becomes ill as a direct result of donating, the centre may also reimburse their reasonable expenses arising from the illness.

Giving and receiving money or other benefits in respect to any import of gametes or embryos from outside the UK

13BInterpretation of mandatory requirements

As specified in HFEA Directions, when considering whether to import gametes donated overseas, the centre should ensure the donor has not received compensation which exceeds:

a) reasonable expenses incurred by the donor in connection with the donation of gametes provided to that centre, and
b) loss of earnings (but not for other costs or inconveniences) incurred by the donor up to a daily maximum of £61.28 but with an overall limit of £250 for each course or cycle of donation (local currency equivalent).

When receiving donated gametes from overseas, the centre must keep a record (provided by the overseas centre) of:

a) the actual expenses incurred by the donor
b) the amount reimbursed to the donor, and
c) the receipts produced by the donor, and/or the steps taken by the person responsible to satisfy themselves that the excess expenses claimed by the donor have in fact been incurred.

Recording excess expenses for donors

13CInterpretation of mandatory requirements

Where centres compensate donors with an excess amount, as specified in HFEA Directions, the centre must keep:

a) a record of the actual excess expenses incurred by the donor
b) a record of the amount reimbursed to the donor, and
c) the receipts produced by the donor, and/or the steps taken by the person responsible to satisfy themselves that the excess expenses claimed by the donor have in fact been incurred.

The records referred to in HFEA Directions must be made available to the Ccentre’s inspector or provided directly to the HFEA, on request.

13.7
Centres should keep a central log of all excess expenses paid to donors. This log should be made available to HFEA inspectors, and should contain the following information:

a) date of payment

b) amount of payment

c) donor (name or unique identifier)

d) reason for payment (nature of expense)

e) total amount paid to the donor to date for the clinic visits (for sperm donation) or cycle (for egg donation),

f) receipts that show excess expenses incurred.

Code of Practice version: 8

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