Review
Ovum donation: examining the new Israeli law

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Abstract

Ovum donation affords countless couples that under natural circumstances would not be able to produce offspring the ability to carry out natural pregnancies. With advancements in biotechnology including egg collection and in vitro fertilization (IVF), physicians can now successfully implant fertilized embryos. Due to Israel's tremendous involvement in IVF for its own citizens, the national laws that govern egg donation are of great importance. On September 5th 2010, the Israeli Parliament (Knesset) passed a law that allows young women between the ages of 21 and 35 to donate their eggs for paid financial compensation. The new law allows infertile women between the ages of 18 and 54 to request egg donation and IVF, which will partially be covered under state insurance plans. This article provides a description of the new Israeli law regulating ovum donation and the practical, moral and ethical debate surrounding the new system.

Introduction

With advancements in biotechnology including egg collection and in vitro fertilization (IVF), physicians can now successfully implant fertilized embryos allowing otherwise infertile women to carry out natural pregnancies. In this process, potential donors are screened for various infectious and reproductive organs are examined to ensure their health. Ova are collected through a minimally invasive procedure under general anesthetics lasting on average 15 min [1]. Physicians are then able to artificially inseminate the extracted eggs and implant the embryo using IVF.

Ovum donation, like other types of organ donation, has the ability to help many couples that under natural circumstances would not be able to produce offspring. Reasons of infertility may range from early onset menopause, middle-aged patients, underdeveloped or nonexistent ovaries and predisposition to genetic diseases [2], [3], [4].

The laws that govern ovum donation are complex and not uniform. The United States leads the world in the number of egg donations (E.D.) and has the highest rate of children being born through IVF-E.D. [5]. In some European countries including Spain and the UK, egg donation is less regulated while in others such as Germany and Italy it is more restricted [6]. Because the cost and regulation of IVF-E.D., medical tourism industries have become widespread in India, Thailand and other countries [7].

Section snippets

The new ovum donation proposal

Due to Israel's tremendous involvement in IVF both for its own citizens and Israelis’ coming from abroad, the national laws that govern egg donation are of great importance. On September 5th 2010, the Israeli Parliament (Knesset) passed a law that allows young women between the ages of 21 and 35 to donate their eggs for a value set by the health ministry (Article 43) [8]. The law allows infertile women between the ages of 18 and 54 to request IVF-E.D., which will be partly covered under state

Religious concerns

Religion is an intrinsic part of the multi-ethnic Israeli culture with large religious populations including Jews, Muslims and Christians among others. The implications of the new law may undermine various religious convictions.

The Chief Rabbis of Israel support both IVF and embryo transfer [12], [13]. The Jewish perspective towards procreation originally comes from the first commandment in the Jewish Torah (Bible) that Adam received from God to “Be fruitful and multiply” (Genesis, 1:18). Thus,

Ethical considerations

When examining the ethical implications of widespread egg donation it is crucial to understand how such laws would affect the individual's autonomy. The concept of autonomy demands that human beings have full control over their bodies and have the ability to make the choices they see fit. It is only possible to give true consent if the individual has autonomy and is making decisions freely. Before the passing of the new law, all egg donations in Israel were theoretically done on an altruistic

Future directions

The law also has the ability to prevent corruption and illegal behavior that was not uncommon pertaining to egg donation and IVF [22]. Under the auspices of the Israeli ministry of health, egg donation will be closely monitored and controlled. Proper pre-egg donation testing will be administered to ensure that the eggs are free of disease and viruses. Compensation will be regulated for donors and the costs of IVF will generally be covered for recipients ensuring that many can benefit from IVF

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