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The HFEA is currently reviewing a number of its policies relating to sperm, egg and embryo donation. The review will continue into early 2011.

The aim of the review is to ensure HFEA policies do not pose unnecessary barriers to the supply of donor gametes, whilst facilitating safe and effective donation and protecting the interests of all affected (donor conceived people, donors, parents and recipients). 
 
The policies being reviewed include:

• the number of families donors can donate to 
• expenses, compensation and benefits in kind donors can receive for donation 
• donation between family members 
• the conditions which donors can place on the use of their gametes or embryos
• the upper age limit for sperm donation 
• the release of donor codes to parents of donor conceived children 
   

The review process

The Authority is currently gathering more information about how its policies are working in practice and possible review options. This includes seeking legal advice, reviewing published literature and interviewing people affected by the policies.

In light of information gathered so far the Authority considered three of the policies under review at its meeting in July 2010:

• The Authority considered advice given by their Scientific and Clinical Advances Advisory Committee and Scientific Horizon Scanning Panel on the upper age limit for sperm donation policy. The Authority decided that they should no longer specify an upper age limit for sperm donation. Instead, guidance in the Code of Practice should give clinics the flexibility to assess the possible impact of donor age on a case by case basis, referring to the professional body guidance and relevant literature. The HFEA will not publicly consult on upper age limit for sperm donors.
• The Authority considered advice from legal counsel on the release of donor codes to parents of donor conceived children. The Authority was advised that the disclosure of donor codes is prohibited under the Human Fertilisation and Embryology Act 1990 (as amended). The Authority will not, therefore disclose donor codes, and will advise centres to do the same. The HFEA will not publicly consult on the release of donor codes. 
• The Authority considered advice given by their Ethics and Law Advisory Committee and an expert working group on donation between family members. The Authority agreed the policy review options for intra family donation and these will be publically consulted on in 2011.

More information on these three areas of donation will be included in the public consultation document, to be published in January 2011.

Future Authority meetings

HFEA policies on expenses, compensation and benefits in kind donors can receive for donation and the number of families donors can donate to will be considered by the Authority at its meeting in September 2010. The information and policy review options considered at this meeting will be incorporated into the public consultation document, presented to the Authority for approval at their meeting in December 2010 and published in January 2011.

Both the September and December 2010 Authority meetings are open to the public. For more information on how to attend see http://www.hfea.gov.uk/public-events.html

 

The Public consultation

In January 2011 the Authority will publish a consultation document. This will set out information about the policies under review and the Authority’s position or policy options for consultation.

The public consultation will take place between January and March 2011. More details of the public consultation and how to take part will follow nearer to the time.

 

Spring 2011

The Authority will consider an analysis of the consultation findings and will make decisions on the donation policies under review.

Donor conception is using sperm, eggs or embryos donated by someone else in fertility treatment. Around 2,000 babies in the UK are born each year using donated sperm, eggs or embryos.

• Donor statistics

In 2005 the HFEA conducted a review of its policies around sperm, egg and embryo donation (SEED) 2005/6 SEED policy review. Following public consultation, the following policies were implemented:

• Screening of sperm, egg and embryo donors
  Professional guidance should be relied on for the medical and laboratory screening of gametes and embryos 
• Selection of donors
  There should be no prescriptive guidance from HFEA on the selection of donors for treatment for a particular recipient, but the HFEA should produce guidance on issues to be taken into account. 
• Limiting the number of families conceived per donor
  Donors should continue to be able to place their own limits on the use of their gametes, which should not exceed use in more than 10 families in the UK. 
• Out-of-pocket expenses for sperm, egg and embryo donors
  Donors may be reimbursed for all demonstrable out-of-pocket expenses incurred within the UK in connection with gamete or embryo donation.   
• Additional compensation for gamete (sperm and eggs) donors
  Donors may be compensated for loss of earnings up to a daily maximum commensurate with jury service, but with an overall limit of £250 for each course of sperm or egg donation.   
• Benefits in kind
  Benefits in kind should be limited to discounted treatment services. Eggs collected from an egg sharer in a single cycle should not be shared amongst  more than two other recipients.   
• Procurement of gametes (sperm and eggs) from abroad
  Procurement of gametes from abroad should fulfil the same quality standards as would apply in the UK. 

SEED Evaluation

In autumn 2009, the HFEA evaluated its donation policies to ascertain how well they were working in practice.

The evaluation considered:

• the impact of the SEED policies on practice in clinics  
• the extent to which they met the original SEED objectives  
• how well the HFEA can regulate clinics in relation to them.

Talking with donor recruiting clinics, clinics which provide donor treatment services, donors, parents and the donor-conceived was central to the evaluation and its outcomes.

HFEA inspection and incident reports were also analysed as well as information held on the HFEA’s Register of treatment data.

• SEED evaluation

Evaluation Outcome

On the basis of the evaluation, the Authority took the decision in December 2009 to review the following donation policies:

• the number of families donors can donate to
• expenses and compensation donors can receive for donation
• donation between family members
• the restrictions which donors can place on the use of their gametes or embryos
• the release of donor codes to parents of donor conceived children
• the upper age limit for sperm donation and the lower age limit for egg donation

 

Supporting Documents

More about the SEED review, HFEA guidance on donation and relevant Authority meeting papers can be found at:

• The SEED review (2005/06)
• The evaluation of the SEED review
• HFEA General Directions 0001 – Gamete and embryo donation

 

• HFEA December 2009 meeting, item 7. – SEED evaluation
• HFEA March 2010 meeting, item 10. - Work plan for donation policies review
• HFEA July 2010 meeting, item 9. - Donation Review – early findings

HFEA Code of Practice donation guidance notes:

• 11. Donor recruitment, assessment and screening 
•  13. Payments for donors

 

Page last updated: 07 April 2010

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