THE PRICE OF SPERM: AN ECONOMIC ANALYSIS OF THE CURRENT REGULATIONS SURROUNDING THE GAMETE DONATION INDUSTRY

Abstract

This Note provides an overview and analysis of the U.S. federal and state laws and institutional policies regulating the anonymous sperm donation industry and their relation to laissez-faire economics. Part I of this Note briefly chronicles the history of assisted-reproductive technologies and provides an overview of the current federal, state, professional, and institutional policies and regulations in place. Part II describes the economic implications of the sperm donation industry and how sperm banks have successfully commoditized genetic material to benefit both donors and recipients. Part III recommends that, in order to establish predictability for both donors and recipients, the U.S. government should establish a clear set of property rights and regulations for the trade of human reproductive material. Federal and state legal reforms that misunderstand or fail to consider market forces and property rights adequately addressing the gamete donation industry will be ineffective. Comprehensive legal reform is needed and the federal government should take the opportunity to advance new legislation that properly addresses these problems.