Egg vs. Sperm Donation:
Why are women and men treated differently?
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By: Susan
Katzman
Diane Michelson
While every infertility journey is unique, many couples can increase the likelihood of starting a family by using an egg donor and/or sperm donor. And even though there is no difference in the thankfulness of a couple that has had the help of a sperm donor to create their family and one who has had the help of an egg donor, there are differences in the costs and legalities. Why is this?
The cost of obtaining sperm from a donor is a fraction of the cost of using an egg donor? * (see footnote) Is that because the egg is "sacred" and the sperm a "commodity"? Actually, no. There is good reason for the difference. It's just that retrieving eggs and obtaining sperm is as different as men and women. (Of course, you also have to consider that there are millions of sperm in each ejaculation, but only one egg per month, unless a woman is artificially stimulated by her physician.)
The thing about retrieving eggs from a donor isÖ. the injections, surgery, timing, medical insurance, risks, discomfort, lack of success in freezing unfertilized eggs, and possible side effects from medication, none of which are associated with the process in obtaining sperm from a donor. When a woman chooses to help a couple by being an egg donor, she agrees to follow, like clockwork, the medical regimen given to her by the physician. The regimen includes taking daily injections for a specified period of time, going to the physician's office to be monitored, and then undergoing the egg retrieval process. The daily injections are to stimulate the ovaries to produce as many ovarian follicles as safely as is possible. There is also a final injection of a different drug administered to release the eggs for the retrieval. Then there is the egg retrieval, which requires local anesthesia for an ultrasound-guided aspiration.
The retrieved eggs are immediately fertilized with sperm collected from the male partner a couple of hours before the retrieval or from once-frozen sperm obtained from a sperm donor. (Unfertilized eggs have not generally been successfully frozen for later use. Freezing eggs is still in the research stage.)
A male who wants to help a couple by donating sperm begins with an initial screening process of answering questions and providing information. (An egg donor also undergoes an initial screening, as well as a psychological evaluation. Unlike a sperm donor, an egg donor is evaluated by a psychologist to ensure that she has the ability to deal with donating her genetic material, deal with the medications/injections, and is freely volunteering to follow the medical protocol.) The sperm donation process continues with extensive medical and genetic testing, collecting a semen specimen in a private collection room for laboratory analysis, and a physical examination. The donor will be asked to meet with a genetic counselor to review and discuss the information. All of these costs are paid by the sperm bank.
Once a male donor qualifies (a process that takes 2-3 months), he may begin donating. Most programs generally request that he donate 2-3 times a week for 6-9 months. All sperm are frozen for a quarantine period prior to being used. When the donor stops donating, he is generally required to return in 6 months following his last donation for one last required infectious disease testing. The American Society of Reproductive Medicine recommends using only frozen sperm, which has been quarantined for at least six months, and comes from a donor who has been tested for sexually transmitted diseases both prior to and following the quarantine period. (This quarantine procedure is not followed with the egg donor, since freezing unfertilized eggs has its limitations.)
Knowing what is involved in both sperm and egg retrieval helps to understand the differences in cost to the intended parents and the fees paid to the donors. But why are sperm donation and ovum donation treated differently in the legal system? Arenít they both donations of genetic materials?
Sperm donation has been around almost forever, and was codified by the CA legislature in 1992. Family code section 7613 covers donations made under the supervision of a licensed physician. There are two main aspects of this code section. Section (a) discusses the recognition of the husband as the legal father. ìIf, Ö with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived.î
Section (b) discusses that the donor shall have no rights or responsibilities to this child. ìThe donor of semen provided to a licensed physician and surgeon for use in artificial insemination of a woman other than the donorís wife is treated in law as if he were not the natural father of a child thereby conceived.î
By and large, sperm donation is covered by the Family Code. It very clearly spells out what should happen for the intended father to perfect his rights and to make certain that the sperm donor will not have claim to the child. (If an insemination takes place with an unmarried woman, without a doctorís supervision, the sperm ìdonorî will be considered the father and will have those rights and responsibilities. If the recipient of the donation is married, the situation is not as clear as there are a number of other statutes to be considered which will dictate outcome.)
In CA, ovum donation is recognized by the courts, but no legislation has yet been passed concerning this. Compared to sperm donation, which has been widespread and accepted for more than a decade, it is only in the last four years that ovum donation has become accepted by the mainstream public. There have been several legal cases which clarified what is necessary for the intended parents to have their parental rights granted in ovum donor situations.
Most importantly, the intentions of the parties must be clearly spelled out. Without a writing, it would be unclear whether Veronica ìgaveî her ovum to Betty because she was enabling Betty to be a parent, or because she was utilizing Bettyís gestational services as a surrogate for her. If there was a contest, Betty could claim maternity by virtue of giving birth. Veronica, on the other hand, would claim maternity because of her blood relationship to child. Only the recorded intention of the parties will break the tie. It is highly advisable to have a donor contract in addition to any consent signed at a fertility center. The writing should spell out the circumstances of the ovum donation, the reasons for it, the willingness (and intention) of the donor to relinquish parental rights and responsibilities, the compensation for pain and suffering and most important, who will be the parents of the child. In the event of a contest, the intentions of the parties will be paramount.
In ovum donation, where the intended mother is the carrier, typically no adjudication of parental rights is necessary. In the donor contract, the donor would have stated that her intention was for the recipients have all parental rights and she would have stated her intention to release any claims on the resulting child. Again, in the contract, the intended parents would state that it is their intention to assume all parental rights. Maternity would be established by the intended mother giving birth. Should the donor contest the maternity, the intentions of the parties as stated in the contract would support the birthing mothersí claim of maternity.
If the birth takes place via a surrogate, then an adjudication of parental rights would be necessary. Otherwise, the surrogate would be considered the mother by virtue of giving birth. Again the contract provisions stating intent (of both the donor contract and the surrogate contract) would support the intended parentsí claim of parenthood.
One last aspect about the donorís contractÖprior to the donor signing, she should go over the contract with a knowledgeable attorney. Although this is considered by many people to be superfluous, it is excellent insurance that the donor signed the contract without duress or undue influence, and was knowledgeable as to its contents.
While this article is intended to provide you with some helpful information, you should consult professionals (medical, psychological, and legal) to address your particular situation and concerns.
* (footnote) The fee intended parents pay to the donor (typically $4000-$5,000) is for accepting the medical risks and possible side effects, discomfort, and time involved in this invasive procedure. The intended parents also incur the costs of the donor's medical screening, medications, and retrieval process. The fee paid to a sperm donor is in the area of $75.00 per donation. The cost to the intended parents of using sperm from a sperm donor is generally $225-$250.00 per vial.
May 2003
Copyright 1999. The American Surrogacy Center, Inc.(TASC), Kennesaw, GA
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