Golden eggs: towards the rational regulation of oocyte donation.

I. INTRODUCTION A. Seeking Egg Donor: 5'5" or Taller, Athletic, SAT 1400+. .. The story is, unfortunately, nothing new. A woman and a man long to bring a child into the world, but they are unable to do so because the woman is infertile.1 So they turn to the scientific stork-- the field of assisted reproductive technology (ART)2-to deliver their baby. Some infertile couples choose surrogacy;3 others choose in vitro fertilization (IVF).4 It all depends on the particular roadblock to coital conception. This couple chooses egg donation, which has existed as a form of ART for over a decade. It will allow the couple to share genetic ties with their child (through the father), as well as gestational ties (through the mother). Again, nothing new. The difference is in the details. In this country, women who volunteer to "donate"5 their eggs, or oocytes,6 have traditionally been compensated only for their inconvenience, not for the oocytes themselves. Financially, this has translated into payments ranging from $1,000-$5,000 per donation. But this particular couple offers $50,000 to donors-if they meet certain criteria.7 The couple desires a child that reflects their union as much as possible, even if the mother is incapable of directly contributing to the genetic building blocks. Therefore, they look for a donor who resembles the woman-physically, athletically, and intellectually. They are willing to pay for their specificity. The concept seems simple enough: find a donor with the desired characteristics, and, hopefully, the offspring will share those characteristics. Whether it really is this simple is doubtful, but the couple is hopeful, and grateful. So grateful, in fact, that they want to match the donor's generosity with copious financial remuneration. The couple targets their advertisement towards college women in a set of prestigious universities,8 capitalizing on the financial con straints of education and college life. The response is overwhelming. Over 300 tall, intelligent, athletic college women inquire further. Some withdraw their applications; some maintain their interest. The list is narrowed, and the finalists undergo comprehensive examinations. Doctors perform medical histories, physical and psychological exams, and genetic analyses. Finally, one woman is chosen.' And all of this amid a media circus. B. E-donors Later that same year, egg donation found its way back into the media spotlight. In October 1999, a Web site began advertising an online egg and sperm auction, with fashion models filling the roles of donors. The Web site, www.ronsangels.com, was the brainchild of Ron Harris, a Playboy photographer, erotic Web site owner, and self-proclaimed expert on society and beauty. The idea for the auction came to Harris after he read an article about the couple described above. It struck the business-savvy Harris that, as a model photographer, he was in the perfect position to play procreative matchmaker. In a society obsessed with appearance and perfection, couples were seeking gamete donors who possessed socially desirable characteristics, particularly physical beauty. Struggling models were eager to make extra money to support their fledgling careers.10 It was a match made in heaven. For just $24.95, prospective buyers-fertile or infertile, single or married-could browse the site and view pictures and personal biographies of the various donors. And, at no extra charge, members could bid on the gametes in $1,000 increments, with the starting bid around $30,000. Couples would have their children, models would get their money, and the world would be a prettier place."11 C. Struck a Nerve Oocyte donation is old news. Society has long viewed assisted reproduction as an acceptable and valued form of procreation.12 But something about the two events recounted above struck a societal nerve, rekindling old debates and generating novel ones regarding the morality and appropriateness of certain aspects of noncoital reproduction. …