Informed consent and coercion in recruitment advertisements for oocyte donors
U.S. egg donor ads rarely disclose medical risks while private agencies offer higher compensation for specific donor traits and younger women.
Lake, R., Berzansky, I., Lanes, A., Srouji, S., Ginsburg, E., & Insogna, I. (2024). Informed consent and coercion in recruitment advertisements for oocyte donors. BMC Women's Health, 24(526). https://doi.org/10.1186/s12905-024-03302-w
Geographic Region: United States
Research Question: How do online advertisements for egg donors compare in terms of mentioning risks, including COVID-19 exposure, and offering financial incentives for specific donor characteristics?
Research Methods: Cross-sectional content analysis of online advertisements. Collected data from egg donor advertisements on Google, Craigslist, and social media active between January 1 - August 31, 2020.
Sample: 103 advertisements from medically affiliated donor egg programs and private donor egg agencies in the United States.
Analysis Methods: Coded and analyzed content related to risks, COVID-19 precautions, donor payment, and desired donor characteristics. Descriptive statistics, chi-square tests, and Fisher's exact tests
Key Findings:
Most advertisements (64.1%) did not mention any risks associated with egg donation. Only 18.5% of ads mentioned risks or precautions related to COVID-19 exposure. There was no significant difference between medically affiliated programs and private agencies in mentioning risks.
Private agencies were more likely to: Target students directly or indirectly, Request donors of specific racial/ethnic backgrounds or with specific physical features, Offer compensation over $10,000, and Promote travel as an added benefit.
Advertisements offering higher compensation (over $10,000) were more likely to: Target specific racial/ethnic groups and Recruit donors under age 21. 72.7% of ads offering over $20,000 targeted women as young as 18 years old.
Appeals to altruism were included in 95.2% of all ads surveyed.
Limitations: Short study duration, potential influence of COVID-19 pandemic on ads, only analyzed initial page of ads
Applications: Findings suggest need for improved regulation of egg donor recruitment practices, especially for private agencies. Risk information and ethical compensation practices should be prioritized in early recruitment stages to support informed consent.
Funding Source: Not specified
Regulatory Context:
There are no comprehensive federal laws regulating gamete donation or donor conception in the U.S. The process is largely self-regulated by the fertility industry.
The Food and Drug Administration (FDA) does have some oversight, primarily related to screening and testing of donors for infectious diseases.
The American Society for Reproductive Medicine (ASRM) provides ethical guidelines and recommendations for donation practices. However, these are not legally binding.
There are no legal limits on compensation for donors. A 2011 court ruling (Kamakahi v. ASRM) determined that price caps on donor compensation violate antitrust laws.
ASRM recommends a minimum age of 21 for gamete donors, but this is not legally mandated.
The U.S. does not have laws prohibiting anonymous donation.
Some states have enacted their own laws regarding aspects of assisted reproduction, but these vary widely.
Laws regarding the legal status of donors and intended parents can vary by state.