Implementation of withdrawal of payment to donors

Background

As a regulatory body, the HFEA is responsible for promoting good practice and establishing guidelines that protect all those who are involved in fertility treatments.

One of the areas the HFEA regulate is payments to sperm and egg donors by licensed clinics.

Following two pieces of research commissioned in 1993 and discussions at a HFEA conference in 1995 the HFEA decided in principle that payment to donors should be phased out as a donation should be a gift, freely and voluntarily given with informed consent.

The decision was taken that donors should be reimbursed only for verified, necessary and consequential expenses incurred directly as a result of making the donation.

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Consultation process

Following concerns that the removal of payment might seriously jeopardise the supply of sperm donors, the HFEA established a Working Group and carried out a consultation to help decide how the policy would be best implemented.

The Working Group consulted with a number of stakeholder organisations to discuss the practical issues of implementation. The Group specifically sought opinion on: 

  • the effects of withdrawing payments to donors and benefits in kind
  • how any adverse effects could be countered
  • the role of the Authority
  • the timetable for the removal of payments to donors

The Working Group published its findings in 1996, these findings fed into the 1998 consultation document on the implementation of withdrawal of payment to donors.

Both the consultation findings and the research indicated that the majority of sperm donors would only donate if they were paid. 

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Consultation outcome

At its December 1998 meeting The Authority considered the research and the consultation findings and concluded that the removal of payments at the present climate would seriously jeopardise the supply of sperm donors.

As a result The Authority announced that it would continue to allow payments of up to £15 for egg and sperm donors for the foreseeable future.

The HFEA further proposed that serious consideration be given to the idea of establishing a national donor service (or several regional donor services) which would raise awareness of gamete donation and recruit donors.

However, as a result of the 2005 Sperm, Egg and Embryo Donation (SEED) review the HFEA issued new directions and guidance on the reasonable expenses for donors and compensation for earnings lost in connection with donation. 

This replaced the £15 flat rate for payment to donors.  Donors were able to continue to receive benefits in kind but these were now limited to treatment services (centres are no longer permitted to offer sterilisation as a benefit in kind). 

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Further information

Over the next few months the HFEA will be evaluating its current Sperm, Egg and Embryo Donation (SEED) policies. As part of this evaluation, the HFEA will be listening to what clinics, patients and donors have to say about payments for donors.

In December 2009, at a public meeting, the Authority will consider whether to consult more formally on donor policies in the New Year, payments for donors potentially being an area to focus on.

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Supporting documents

The press release regarding payments to donors is here: http://www.hfea.gov.uk/3644.html

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Page last updated: 13 January 2012

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