There has been an organ (mainly kidney) donation scandal being addressed in the nation that has gotten many talking . This reminds me of another ‘organ’ or ‘product of an organ’ that we don’t discuss enough ; the subject of sperm or ovum(egg) donation . I have had the chance and opportunity to work/learn in a few fertility IVF clinics both locally and abroad . The regulation abroad is very stringent to the extent of people buying gametes abroad (from developing countries in Africa and Asia) to avoid the very tight regulations of such transactions in countries like Canada and U.S.A. There are no proper regulations in the Kenyan Legislature and so as long as a donor is over 18 years and signs a legal document , there are no real legal frameworks to safeguard them . Our law (or is it a Millie Odhiambo Bill that is yet to become law) however discourages financial gain from the same but it’s a very grey area because tokens of appreciation to ease the process are not categorically banned .
In Kenya, the Assisted Reproductive Technology (ART) Bill, 2022 outlines the legal framework for gamete donation and other assisted reproductive technologies. The Bill prohibits the use of sperm/ovum from donors under 18 years of age, except with parental consent for a minor's future procreation e.g in those minors undergoing cancer treatment that may permanently affect their fertility. It also prohibits the sale and transfer of gametes, zygotes, and embryos. Additionally, the Bill regulates the licensing and operation of facilities offering ART services, including sperm banks.
Here's a more detailed look at the key aspects of the law:
1. Donor Eligibility and Consent:
- A donor must be a fit, healthy, typically between 18 and 45 years of age, willing to undergo rigorous testing.
- The donor must agree to relinquish all legal rights to any children resulting from the donation.
- Sperm/egg from donors under 18 is prohibited for use in assisted reproduction, unless for the minor's future procreation with parental consent.
2. Prohibition of Commercialization:
- The sale or transfer of gametes, zygotes, and embryos is prohibited, meaning they cannot be bought and sold.
- The Bill aims to prevent commercial exploitation of assisted reproductive technology.
My focus today will be on the young over-18 female university students. For male donors , it’s a simple masturbation with no prior drugs , invasive theatre procedures or possible life threatening complications from unregulated donations .
I had a recent discussion with my mother ; Madam-Z and we agreed that unto age 24, one needs to be under guidance and may not be trusted with major life changing decisions - I do not support marriage ; especially of men below this age - this my own personal view . The same applies to organ or gamete donation by our very young college girls . Most end up getting serious mental health issues later ; they may worry about their anonymous multiple offsprings out there in the world, some may get some complications from the egg-retrieval processes that may bring serious uncertainties and anxiety , others may end up perpetually guilty for secretly doing what their parents would never consent to .
I remember recently reading in a doctor group about a young university girl who had to undergo a major abdominal surgery following a pelvic abscess(pus accumulation) obtained following an egg-retrieval process gone wrong . She had only been pain 30,000 Kenya Shillings and the I.V.F centre did not want to be involved in her care because this was beyond the contract she had signed . Such a surgery that she underwent would cost not less than 100,000 shillings in the rural setting ; the costs may be triple that in Nairobi and this many not be fully catered for by SHA. What about the possible resultant future Subfertility that may arise from this iatrogenically caused infection ? Is 30,000 shillings worth this headache ?
One notable personality , talked about how she almost died from OVARIAN HYPERSTIMULATION SYNDROME (OHSS). You see , a woman ovulates one mature ovum per month unlike a man who ejaculates more than 20million sperms per ejaculate . More eggs are usually required to assist in the IVF process and so a series of hormonal drugs and injections are usually given to stimulate production of many eggs in the cycle sometimes to more than 20 . Depending on the dosages , some girls may over-react and get into a hormonal crises called OHSS which if not well managed can be life threatening; this results from over-stimulation with many follicles produced and resultant very high oestrogen hormone levels . The body swells up with fluid everywhere including the lungs and these patients may develop life threatening blood clots . Most most of these cases have to be managed in HDU or even ICU with supportive management of all organs affected . In countries with well regulated practices , OHSS occurs in about 1-3 % of women undergoing IVF egg retrieval ; the situation may be worse in our country . Rarely the over-stimulated ovary with many follicles may twist (torsion)due to the abnormal heaviness from many follicles leading to a a major surgery or sadly loss of an ovary from this torsion. Management of OHSS may end up costing hundreds of thousands all from earning less than 100,000 from egg donation ; the price depends on ‘quality of egg and profile of donor with beautiful students doing STEM courses or courses known to attract exceptionally bright students earning more; it is what it is !!
My take is that these students must be protected .A 19 year old may not be as mature as a 38 year old hustler . Is thorough patient education done ? I doubt it . Holders of national I.D cards automatically become eligible for these unregulated transactions.
Has anyone also thought about future consanguinity ? Of siblings marrying in the future ? There are medical students (male) who survive fully in university by sperm donations and some may donate more than 50 times ; helping over 50 families get multiple babies (do the math, we may be talking about total 200 children over a 5 year college period) . There is no regulation whatsoever in Kenya on how many times one can donate gametes . One day we will have siblings marrying each other or procreating together . The future isn’t far because this has been a practise for close to two decades in Kenya - I have personal friends who donated a a few times in sperm banks in Nairobi when they were younger.
I have no problem with gamete donation ; I have a number of very grateful women in my clinic who have benefited greatly from ‘anonymous purchase’ of eggs from ovum banks and are on their 2nd/3rd pregnancies . I also have a few couples with male infertility problem whose marriages and image in society has been saved by sperm donation from strangers . I fully embrace it but let us protect our very young girls from exploitation unless if helping their relatives . I’m worried both about physical complications and also unseen mental health issues that may arise .
I want to beseech parents to move with the times and stay alert on these emerging issues in society that may never have been in existence during our times . A new expensive phone by your daughter may not necessary be from a sugar daddy but may be from unregulated egg donation . Talk to your girls , befriend them , be open and make sure they are well provided for and that they learn to live within their means; I believe hardly no girl donates eggs to an anonymous stranger for the goodness of humanity but mostly for financial gain. For those girls who are very sure about these donations , let us make sure that the contracts protect them fully and that any possible mental issue is dealt with accordingly . Dear girls can we open up to our mothers/sisters/gynaecologists before embarking on donation if we are not very sure ? I have no problem with older women(especially those with children) who take it up . Let us keep talking . Thank you!