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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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

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Payments 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. 

  • 13.1

    HFEA Directions do not allow payment of a ‘flat rate’ to all donors (for example, £20 to all sperm donors).

  • 13.2
    Donors may be reimbursed all reasonable expenses incurred in the UK in connection with donating gametes or embryos (for example a standard-class rail ticket by the most direct route), but not excessive expenses if these would be benefits in themselves.
  • 13.3

    Expenses claimed by donors should be directly linked to the process of donation (for example, the cost of travel to the centre, or the cost of childcare during donation when the donor would normally be caring for the child).  They should not be expenses which the donor would have incurred irrespective of their donation.

  • 13.4

    Donors may be compensated for loss of earnings (wherever they live) up to a daily maximum of £61.28 but with an overall limit of £250 for each course or cycle of donation.

  • 13.5

    When gametes have been donated overseas and import to the UK is being considered, centres should ensure that the donor has not received compensation for loss of earnings that exceeds the amounts specified above (local currency equivalent).

  • 13.6

    Advertising or publicity aimed at recruiting gamete or embryo donors, or encouraging donation, should not refer to the possibility of financial gain or similar advantage, although it may refer to reimbursement or compensation permitted under relevant HFEA Directions.

  • 13.7

    The person responsible has a duty to assure themselves that no payments or benefits have been given or promised to the donor by another agency or intermediary, including introductory agencies, except those that are in line with relevant HFEA Directions. 

  • 13.8

    The centre should ensure that donors understand that donating gametes and embryos is voluntary and unpaid and that they may be reimbursed only for expenses and compensated for loss of earnings.

  • 13.9

    If an egg donor becomes ill as a direct result of donating, the centre may also reimburse their reasonable expenses arising from the illness.

See also:

Guidance note 12 - Egg sharing arrangements

 

Recording payments for donors

  • 13.10

    The HFEA expects centres to keep a central log of all expenses and reimbursement for loss of earnings 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 or loss of earnings)

    (e)     total amount paid to the donor to date for this course (of sperm donation) or cycle (of egg donation), and

    (f)        receipts that show expenses incurred, or evidence that demonstrates the loss of earnings.

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Code of Practice version: 8