Is it illegal to sell your eggs?
Generally legal in the U.S., though technically regulated as a service, not a sale.
Selling human eggs for fertility purposes is legal in the United States, though it is legally structured as compensation for the donor's time and physical burden rather than a direct sale of body parts. While federal law prohibits the sale of human organs for transplant, human eggs (oocytes) are categorized differently, allowing for a regulated market. Ethical guidelines established by organizations like ASRM influence compensation caps, but these are industry standards rather than strict criminal statutes. Donors must navigate complex legal contracts to establish parental rights and medical liability.
RELEVANT LAWS
- 42 U.S.C. § 274eNational Organ Transplant Act (excludes eggs/sperm from 'organ' definition)
- NY Public Health Law § 2599-AANew York SCNT Oversight (explicitly allows egg donor compensation)
- ASRM Ethics Committee GuidelinesIndustry-standard protocols for donor compensation
- Uniform Parentage Act (UPA)Legal framework used by states to determine donor rights
POTENTIAL PENALTIES
- Civil liability for breach of donor-recipient contracts
- Loss of parental rights via legal waiver
- Tax liability: compensation is considered 1040 taxable income by the IRS
- Potential medical complications not covered by standard health insurance
JURISDICTION
While legal federally, some states like Louisiana have unique restrictions on the status of embryos that may indirectly affect the donation process.
The IRS officially ruled in 2015 that compensation for egg donation is taxable as 'earned income' because it involves performing a physical service.
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