Commercialization of Human Reproductive Material: Legal Situation in Albania

AuthorRovena Kastrati
PositionFaculty of Law, University of Tirana
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 3 No. 2
June, 2019
ISSN 2519-1284
Acces online at
Commercialization of Human Reproductive Material: Legal Situation
in Albania
Rovena Kastrati
Faculty of Law, University of Tirana
The industry of assisted reproductive technology, which is growing on a global scale,
has created a tense situation between certain individuals’ economic interests and
human dignity. Individuals who donate sperm or eggs claim to have the right to
monetary remuneration for goods and services, arguing that if a person has the right
to sell his/her own blood or body tissues, then that person should also have the right
to sell his/her own reproductive material. However, commercialization of those cells
that have the potential to become human beings in the future poses a serious threat
to the dignity and other moral values of mankind. This paper will address whether
human gamete purchase and sale at a price should be legally and ethically acceptable,
or their donation should be in full awareness and voluntarily. The second part deals
with the legal situation in the state of Albania comparing it to the legislation in force
in the state of Kosovo.
Keywords: assisted reproductive technology, human reproductive material,
commercialization, donation, dignity, monetary compensation.
Assisted reproductive technology emerged as one of the most widely adopted and
successful medical technologies in the last century. While giving hope to millions of
couples su ering from infertility, it has also raised new legal, ethical, cultural and
social dilemmas that society is facing increasingly each and every day. In particular,
genetic experiments, laboratory cryopreservation techniques, the right of an
individual to genetic o spring, informed consent, and gamete or embryo donation
constitute aspects of human procreation which are and tend to become more and
more subject of future discussion and debate.
In the last decade, there has been a decline in the number of gamete donors in
developed countries as a result of legislation restricting monetary reimbursement of
gamete donors, which has, in turn, led to a loss of incentives for many future donors,
who also face numerous problems and concerns linked with their donation. Concerns
such as the process being time-consuming, lack of monetary remuneration, and risk
of medical complications due to superovulation drugs in the case of oocyte donation
have also contributed signif‌i cantly to the decrease in the number of volunteer donors.
In some countries this situation has worsened even further as a result of the abolition
of donor anonymity, thus discouraging even altruistic donors (Heng, 2007). On the
other hand, the recent spread and development of the Internet has enabled donors to

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