Debate on IVF egg donation in young women

Background to the debate

When proposing the debate to the Backbench Business Committee, Jim Shannon (DUP) said that he wanted to discuss the impact that egg donation was having on young people. He raised concerns that “women as young as 18 are being targeted in open advertising across the country, in public places and on social media, for their eggs” and also questioned the “long-term impact of egg retrieval on women’s bodies”.

What is IVF and why might egg donation be required?

In vitro fertilisation (IVF) is a type of fertility treatment. The process involves eggs being fertilised with sperm in a laboratory and the fertilised egg (embryo) being placed in the womb. The NHS explains that IVF is sometimes recommended for those who have struggled to become pregnant. IVF via egg donation involves using eggs that have been provided by a donor, rather than using eggs from the intended mother of the child. There are many reasons why a woman might not be able to produce eggs or might not be able to use her own eggs. Donor eggs may be used, for example, if the children are at risk of inheriting a serious genetic disease.

• Who can donate their eggs?

The Human Fertilisation and Embryology Authority (HFEA) is the regulator of fertility clinics and embryo research centres in the UK. It explains that women usually need to be between the “ages of 18 and 35 to donate their eggs to someone’s treatment”. Prior to donation, the donor will need to undergo certain health and screening tests to determine their suitability and ensure that no serious diseases or medical conditions are passed on to the baby or mother.

Can donors be paid for their eggs?

The HFEA states that it is illegal to pay for egg donation in the UK. Egg donors can claim compensation to cover their costs, or financial losses, incurred in connection to the donation. The compensation limit is set by the HFEA and was increased to £985 per donation ‘cycle’ on 1 October 2024. The previous limit was £750.

A letter from the Chair of the HFEA stated that the amount had been increased to take inflation into account. An HFEA newsletter published in April 2024 also discussed the changes. It explained that the HFEA would review donor compensation rates every five years or when inflation has increased by 10%, whichever occurs sooner.

Are there any rules on advertising for egg donors?

Advertisements that aim to recruit egg donors are permitted in the UK. There are, however, specific rules and guidelines to which they should adhere. The current version of the HFEA’s code of practice (PDF) says that:

Advertising and publicity materials should be designed and written with regard to the sensitive issues involved in recruiting donors (para 11.1).

And:

Advertising or publicity aimed at recruiting gamete [eggs or sperm] or embryo donors, or at encouraging donation, should not refer to the possibility of financial gain or similar advantage, although it may refer to compensation permitted under relevant HFEA Directions (para 13.1).

The Advertising Standards Authority (ASA) is the UK’s single independent advertising regulator in all mediums. This encompasses online adverts, including those on social media. The ASA regulates the content of online adverts by enforcing its UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (known as the CAP Code). All advertisers are expected to comply with the code. The advertising rules are regularly reviewed and updated by the ASA.

The overriding aim of the CAP Code is to ensure that all advertising is “legal, decent, honest and truthful.” The code contains wide-ranging rules designed to ensure that advertising is socially responsible and prepared in line with the principles of fair competition. These broad principles apply regardless of the product being advertised. The Code also include more prescriptive rules for advertising sensitive products such as tobacco, vapes, alcohol, medicines, medical devices and health-related products. These special rules sit on top of the general code provisions that all advertisements must not “mislead, harm or offend”.

There are no special rules in the CAP Code on human egg donation adverts, but there are rules that prohibit misleading advertising (rule 3) and marketers are expected to minimise the risk of causing harm or serious or widespread offence (rule 4). A high level of scrutiny is also applied to marketing communications for medicine or treatments (rule 12). These rules cover evidence levels (very high levels needed for medicinal claims).

On 10 June 2021, the ASA and the HFEA jointly issued an Enforcement notice to the fertility industry instructing practitioners in this sector to review their advertising materials, including claims on their websites and social media sites, to ensure they are complying with the advertising rules and treating consumers fairly. The enforcement notice provided guidance to the fertility industry on how to comply with the rules.

At the same time, the Competition and Markets Authority (CMA) raised concerns about some practices by fertility clinics, such as providing unclear price information and advertising misleading success rates. The CMA published separate guidance to make clear clinics’ aware of their legal obligations to treat people fairly and to help IVF patients understand their consumer rights. The CMA conducted a further review of the fertility industry’s compliance with consumer law and the findings were published on 23 September 2022.

A Library briefing provides further information on the Regulation of advertising in the UK.

Are there health implications associated with egg donation?

An FAQ on egg donation published by the HFEA states that the egg donation process is “generally very safe and comparable to patients who undergo IVF but, like any medical procedure, it carries some risk”. It adds that in some very rare cases, donors develop:

“[…] Ovarian Hyperstimulation Syndrome (OHSS) […] a very serious and potentially fatal reaction to fertility drugs, which happens about a week after your eggs have been collected […] Symptoms include a swollen stomach and stomach pains and, in extreme cases, nausea, vomiting, breathlessness, fainting, a swollen stomach and reduced urine”.

There is a limited amount of data on the long-term health effects of egg donation. Some studies that have been conducted have notable limitations, such as relying on small sample sizes and participants self-reporting possible health effects.