Dignity of egg donors in Japan
Waki TOYA (Osaka University, JAPAN)
Contents
Introduction
1. Basic concept of dignity in Japan
2. Basic issues in egg donation
3. Dignity of egg donors
Conclusion
Introduction
There are no effective regulations, laws or any public consensus on egg donation in
Japan. Some academic societies have announced opinions only.
There have been a few cases of egg donation. All have been intrafamilial and have
been performed in a Japanese clinic. For example, a woman donated eggs for her
infertile sister. Other patients have gone abroad to buy eggs.
Recently, people in Japan have begun to acknowledge egg donation as being similar to
sperm donation. However, they may not know exactly what egg donation involves.
1. Basic concept of dignity in Japan
1-1. Dignity of the individual: The Constitution of Japan established in 1946
Article 13
‘All of the people shall be respected as individuals.
Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does
not interfere with the public welfare, be the supreme consideration in legislation and
in other governmental affairs’.
Article 24
‘Marriage shall be based only on the mutual consent of both sexes and it shall be
maintained through mutual cooperation with the equal rights of husband and wife as a
basis.
With regard to choice of spouse, property rights, inheritance, choice of domicile,
divorce and other matters pertaining to marriage and the family, laws shall be enacted
from the standpoint of individual dignity and the essential equality of the sexes.’
1-2. Dignity of individuals in the field of reproductive technology
In 2003
The Ministry of Health, Welfare and Labour issued a report.
‘The report on the establishment of regulations for assisted reproductive technology
by donation of sperm, eggs, and embryos etc.’
The fundamental views of the report were these:
1) Priority shall be given to the welfare of the born child.
2) People should not be treated merely as a means of reproduction.
3) Proper safety measures must be upheld.
4) No concept of eugenics should be allowed.
5) Commercialism should be prohibited.
6) Human dignity should be protected.
The last one was about whole ‘Human’s dignity’. The others ware also saying about
the dignity and the human rights according to the constitution.
The first means the rights of the resulted child.
In other hand, the second means that don’t treat human or the person as a tool, don’t
use him/her only for benefit or desire of others, because that harms him/her dignity.
The third is saying about saving the human life,
and the forth is because of the eugenic have possibility of violation for some people’s
life and dignity.
The fifth means, commercialism, business in reproduction or reproductive materials
have some fear of bad influence in society about human dignity.
1-3. Key concepts of dignity
Specifically—what may violate human dignity?
In that six fundamental views, some concrete case of violate dignity is appeared.
1) Treating a person merely as a tool
2) Making reproduction into a business, or selling human reproductive materials.
3) Eugenic-like selection or exclusion during the reproductive process
2. Basic issues in egg donation
2-1. Medical risks for egg donors
 The risks of egg extraction are higher than in sperm donation.
 Multiple ovulation is stimulated by fertility drugs, and general anesthesia is
used during the procedure.

Potential risks:
Ovarian hyperstimulation syndrome, swelling, risk of cancer, psychological imbalance
from the drugs, accidents resulting from anesthesia
2-2. Similarity to donors in live
organ transplants
 Egg donation is similar to kidney or liver transplantations from living donors.
Internal organs are ‘a gift of life’ for the recipient.

Liver transplantations from living donors are common in Japan. Because the
organ donation by brain death is rare.

The ethical issue: healthy people are harmed and have to undergo surgery.
We should consider similar issues in egg donation.
The level of risk for donors in liver transplants and egg donations may not be
medically equal, but the risk and pain of women undergoing egg extraction seems to be
greatly underestimated and the individual is not respected. Some researchers have
noted that the reason for underestimating the risk to donors is that the majority of
doctors in Japan are men and not women.
2-3. Classification of egg donation
Enabling infertile couples to receive egg donation; donation or trading of eggs

Intrafamilial: from women related to the infertile couple

Sharing: from a third party who is/has undergone fertility treatment

Trading: anonymous egg donation from a third party for remuneration

Volunteer: anonymous egg donation from a third party without remuneration
3. Dignity of egg donors
3-1. Intrafamilial donor
 All the cases of egg donation in medical institutions in Japan have been this
type.
 The 2003 report forbade intrafamilial egg donation.
If donation of sperm, eggs or embryos from family members (brothers, sisters, or
cousins) etc. were to be accepted;
(1) Relationships within the family could become problematic, legal issues could also
arise.
(2) The psychological pressure felt by the potential donor may end in them being forced
to donate by their family.
3-2. Egg donation by sharing
 Possibly acceptable in Japan— Donation would be an anonymous gift from
society, and also an effective use of surplus eggs.
 As the egg donor is also an infertile patient, who has already undergone egg
extraction, the medical risk to donors need not to be considered here.
3-3. Egg donation by trading
 A Japanese company is already trading human eggs on their website, however
the authorities can not take action against the company due to the lack of
legislation.

While the 2003 report rejected the commercialism of egg donation, a recent
survey shows that half of Japanese women would want some reward.

Some researchers mention that trading of reproductive materials would create
a moral hazard that could violate human dignity and cause an identity crisis
for the resulting children later in life.
3-4. Voluntary egg donation
 Egg donation without remuneration is difficult in Japan.
Because…
· The general public are indifferent to the fertility treatment of the other people.
· People also regard reproductive problems as
a private matter.
· And the spirit of personal volunteering is not so common.
Conclusion
Proposal for legislation of egg donation in Japan--1
Prohibition of intrafamilial donation and the trading of eggs
Because…

For intrafamilial donations:
· It would make relations within the family complicated or difficult psychologically and
in terms of inheritance.
· The psychological pressure may force the potential donor to donate.
 For trading;
· The influence on human dignity in society would be significant.
· It is feared that trading may have adverse psychological effect on the resulting
children.
Conclusion
Proposal for legislation of egg donation in Japan--2
To allow the sharing of egg donation
The reasons and condition are…
•
It is a gift from society,
•
It is an effective use of surplus eggs in fertility treatment,
•
The risk for the donor needs not be considered.
The necessary conditions so that the egg donor’s dignity is not violated are:
•
Restriction of egg donation institutions,
•
Education of the staff on donor’s rights and dignity,
•
Restrictions of the number of eggs extracted for the donation.
The donor’s dignity must be acknowledged and respected by the medical staff and the
general public.
Thank you for your kind attention!