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Reproductive technologies

Law and Contemporary Problems

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Full-Text Articles in Law

Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling Jul 2009

Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling

Law and Contemporary Problems

Listing a child for sale in the local paper's classified section is unthinkable, and it is illegal for donors to sell organs in the US. Yet fertility programs routinely recruit young women and men to "donate" eggs and sperm in return for financial compensation. Payments to women vary substantially, both within particular agencies and in different regions of the US, but the national average is around $4,200. Here, Almeling constructs a theoretical framework analyzing the social process of assigning value to the human body. He further describes the historical emergence of the market in eggs and sperm before turning to …


Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec Jul 2009

Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec

Law and Contemporary Problems

Krawiec compares the egg market to sperm market to illustrate the extent to which public-interest rhetoric enables private wealth transfers in the egg market. She also illuminates why such rhetoric is so effective, playing on deeply held societal norms. In addition, she provides an overview of the oocyte business, highlighting issues relating to recruitment, compensation, controversy, retrieval, and risk. She does the same for the sperm business. Furthermore, she discusses the anticompetitive behavior in the egg market and argues that the horizontal price-fixing embodied in the American Society for Reproductive Medicine's pricing guidelines violates the Sherman Act. Lastly, she concludes …