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AB 1317

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An Undercooked Egg: California’s New Oocyte Donation Statute Falls Woefully Short

By Andrew Vorzimer ⋅ October 28, 2009 ⋅ 7 comments

There has been much fanfare over Governor Arnold Schwarzenegger’s signing of California Assembly Bill 1317. AB 1317 (now codified in ยง125325 of the California Health and Safety Code) requires a warning in all advertisements for oocyte donation. The warning must notify patients that there are potential health risks associated with human egg donation and advise consulting with a reproductive health care specialist. While its goal is laudable, this bill does little to address the substantial problems facing this industry. Among my concerns:

  • The bill fails to require basic licensing of egg donor agencies. While I am not suggesting the licensing needs to be as extensive as New York’s (though I am not opposed to it), there should be some minimum licensing including the identity of the owner(s) and a physical location of the business.
  • The bill fails to adopt the egg donation guidelines established by the American Society of Reproductive Medicine. It is essential, in my opinion, that guidelines regarding the age of the donor, her compensation and the maximum number of donation cycles she may undergo be part of any meaningful legislation.
  • The bill allows those soliciting donors to

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