Egg Donation in South Korea
Contents
Summary of Egg Donation in South Korea
Is Egg Donation Legal in South Korea?
Availability of Donor Eggs, Sperm, and Embryos in South Korea
Egg Donor Compensation in South Korea
Anonymous, Open, and Known Donation in South Korea
Surrogacy in South Korea
Can LGBTQIA+ Couples Use IVF in South Korea?
Can Single Women Use IVF in South Korea?
How to Choose an IVF Clinic in South Korea
Average Costs of IVF with Donor Eggs or Sperm in South Korea
Summary of Egg Donation in South Korea
South Korea has the lowest birth rate in the world. At the same time, it is estimated that 250,000 women struggle with infertility, and the government has announced incentives such as subsidies for IVF to increase the birth rate among married couples.
South Korea is well known for its excellent medical industry with advanced technologies. South Korea has around 200 clinics that provide assisted reproductive technologies (ART), and the level of medical technology and skill is very high in the country. Unpaid (non-commercial) donation of gametes in ART is allowed, but some barriers and restrictions remain: IVF with donor gametes can be hard to navigate, while IVF for single parents and same-sex couples is not allowed. Surrogacy is not explicitly regulated, and surrogacy contracts are neither illegal nor regarded as legal.
Is Egg Donation Legal in South Korea?
The main legislation regulating ART, including IVF with donor gametes, in South Korea is the Bioethics and Safety Act of 2005, which was proposed by the Ministry of Health and Welfare and passed by the National Assembly.
The Act regulates research on stem cells and in vitro fertilization and gained attention following a scandal involving a prominent researcher. The Act allows non-commercial egg and sperm donation, but outlaws commercial (paid) gamete donation. Though the law forbids commercial donation, it is still possible for clinics to compensate donors for their costs incurred for transportation, medical treatment, and other items related to their donation, according to the Ordinance of the Ministry for Health, Welfare, and Family Affairs. The Act also mandates health screening of egg donors and sets limits on the number of lifetime donations.
The Act establishes requirements for hospitals to be allowed to carry out research with embryos, and also establishes guidelines for gene banks, genetic testing, and other scientific and ethical issues related to human genetic information.
The South Korean Society of Obstetrics and Gynecology issued Ethical Guidelines on Assisted Reproduction in January 2011, but they are nonbinding and not enforceable.
Under the Korean Civil Code, a woman who is pregnant while married is presumed to be carrying the husband’s child, and a person born within 200 days from the date of the marriage or within 300 days from the date of termination of the marital relationship is presumed to be the husband’s child.
Availability of Donor Eggs, Sperm and Embryos in South Korea
While non-commercial egg donation is legal in South Korea, in practice, the availability of donor eggs is not widespread and in some cases remains socially stigmatized. This is partially due to the public scandal caused in the early 2000s when a prominent doctor and medical researcher was found to have coerced egg donation for research use from patients, staff, and vulnerable women.
Some clinics still maintain egg donation programs for couples who are unable to conceive with their own eggs. Egg donors must do so voluntarily, without being paid for their donation. It is illegal for agents to coerce women into egg donation, or to recruit them by paying for eggs. However, the media and members of Parliament have reported that many agents function in a semi-legal or outright illegal manner to arrange egg donation for couples.
The Bioethics and Biosafety Act of 2005 mandates that egg donors must go through a health check and provide written consent for egg donation. Sperm donors must also go through a health check. According to the Ministry of Health and Welfare, screening must include ABO blood type and screening for infectious diseases and medical conditions (syphilis, gonorrhea, HIV, HILV, spinal muscular atrophy, hepatitis B and C, among others). The Korean Society of Obstetrics and Gynecology recommends that donors also go through a mental health check.
Donor sperm is more widely available, with many IVF clinics managing their own non-commercial sperm banks. Some government officials have been promoting the creation of a public sperm bank system, as is common in other OECD countries. Currently, the Korean Society of Obstetrics and Gynecology recommends that the limitation on the number of sperm donations be 10 children per donor.
In South Korea, preimplantation genetic screening (PGS) is legal. Sex selection is illegal unless medically indicated, to prevent gender discrimination and imbalance.
Egg Donor Compensation in South Korea
In South Korea, commercial compensation for egg or sperm donors is not allowed. However, egg donors can be reimbursed for their time, discomfort, medical, and travel expenses as per the criteria set by the government.
Anonymous, Open, and Known Donation in South Korea
The South Korean Society of Obstetrics and Gynecology's Ethical Guidelines on Assisted Reproduction, issued in January 2011, support anonymous donation. Known donors might be accepted by some clinics, but this practice is not explicitly outlined in the official guidelines, suggesting variability in how clinics might approach known or open donations.
Surrogacy in South Korea
Surrogacy is unregulated in South Korea, though some aspects of commercial surrogacy, such as coercion, are illegal. Surrogacy is available but is often morally stigmatized. The South Korean Society of Obstetrics and Gynaecology issued nonbinding Ethical Guidelines on Assisted Reproduction in January 2011. These guidelines include criteria for intended parents and surrogates.
The South Korean Supreme Court has not issued any rulings on surrogacy. Because of this, surrogacy contracts are considered neither illegal nor explicitly legal. Several bills have been proposed to regulate surrogacy in South Korea, but none have been passed. Some suggest that for the genetic parents of the child to be the legal parents instead of the surrogate, they must legally adopt the child. Additionally, it is reported that many clinics in South Korea only permit surrogacy when the surrogate is a sister of the intended mother. As a result, legal advice is essential for intended parents considering surrogacy in South Korea.
Can LGBTQIA+ Couples Use IVF in South Korea?
South Korean national law does not recognize same-sex marriage or civil unions. Same-sex couples wishing to undergo IVF or IUI are forbidden from doing so in South Korea. This restriction applies to both Korean nationals and foreign couples, even with a legal marriage license from another country.
Can Single Women Use IVF in South Korea?
In South Korea, single women can freeze their eggs but cannot fertilize these eggs until marriage. Only legally married couples can undergo IUI and/or IVF. Couples must present their marriage certificate at the hospital, and husbands must consent to treatment for their wives.
Choosing an IVF Clinic in South Korea
Select a clinic accredited by the Korean Society of Obstetrics and Gynecology (KSOG) and the Ministry of Health and Welfare. These certifications ensure that the clinic adheres to national standards for medical practice and patient care. Additionally, it is beneficial if the clinic's doctors are members of professional societies such as the Korean Society of Reproductive Medicine (KSRM).
In South Korea, the Korean Society of Obstetrics and Gynecology (KSOG) initially collected data on Assisted Reproductive Technology (ART) procedures and published their first report in 1992. Since 2013, the Korean Society of Assisted Reproduction (KSAR) has taken over this reporting role. To access clinic success rates, seek information from the:
Korean Society of Assisted Reproduction (KSAR): KSAR publishes annual reports and data on ART procedures, including IVF success rates. Patients can access these reports through the KSAR website or by contacting the society directly.
Korean Society of Obstetrics and Gynecology (KSOG): Historical data and previous reports can be found through KSOG. Their website and publications may contain archived reports and additional resources.
Government Health Portals: The Ministry of Health and Welfare in South Korea may provide access to national statistics and reports on ART success rates through their official website.
Average costs of IVF with Egg or Sperm Donation in South Korea
In South Korea, the average cost of IVF ranges from approximately US$4,500 to US$9,500 for a standard IVF cycle, including tests, procedures, and medication.
IVF with donor eggs can add US$2,000 to US$3,500 to the cost, bringing the total to US$8,000 to US$12,000. This cost includes the donor's medical expenses, compensation, and any necessary legal fees. IVF with donor sperm is usually less expensive than with donor eggs, generally adding around US$1,000 to US$2,000 to the standard IVF cost.
For Koreans, the government has started to provide subsidies for IVF, and is incentivizing single women to freeze their eggs by offering 2 million won (USD 1,510). These are part of government efforts to increase the birth rate.
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As a reminder, this website is not a substitute for professional legal and medical advice. Please seek the advice of your doctor and lawyer to verify the information that we provide.
