Susan asks if there are, in fact, any laws out there prohibiting the sale of
human breastmilk by the expressing mother.

Laws that are neat and tidy that I can look up in a minute?  No.

I'm being flip here .... but laws/regulations involving breastmilk are
"squeezed into" all sorts of places.  It all depends on how it is being used
.. and what motives are at stake.

You can have federal laws/regulations ... state laws/regulations ...
municipal ordinances/regulations ... that cover human milk.  You can have
nothing on the books, and creative thinkers will try to show-horm breastmilk
into pre-existing legislation.  For example, iIn California they like to
call human milk a "tissue" ... so that hospitals have to pay a hefty annual
fee to the state coffers for their license to handle and process  "tissue."
And yet, the hopsital can handle that same "tissue" in the NICU or maternity
floor as though it were a "food," not requiring more than universal,
anti-infective precautions in the preparation and feeding of breastmilk.

The US federal National Organ Transplant Act outlaws the sale of organs ...
but there are moves to amend that because folks want to open up the
availability of organs to needy recipinets.  And some "organs" are
renewable:  marrow grows back, though kidneys do not.  surely breastmilk is
a renewable resource, right?

The notion of legislation prohibiting this stuff is that we don't want bad
guys running around and extorting or abusing people into giving over their
body parts for money.  Or, the notion that health care is to be provided on
an as-needed basis ... not awarded to the highest bidder.

Arrangements to use donor eggs and sperm, or to use a surrogate to carry the
fetus to term, are often couched in understandings that the eggs/wombs etc.
is not for sale -- heaven forfend.  Rather, the surrogate is getting money
as a "gift."  It goes something like this:  "Thanks so much for carrying our
IVF embryo to term for us.  How generous of you.  I will pay your doctor's
bills, of course, because that is a recognizable and measurable expense you
are incurring.  Oh, by the way, I see you enjoy reading.  Here is $10,000 to
go buy yourself some books."

Here is a 2006 article that nicely summarizes the legal and ethical tensions
as regards the sale of human breastmilk:
http://www.starnewsonline.com/article/20060326/NEWS/203260331?p=1&tc=pg
-- 
Liz Brooks JD IBCLC FILCA
Wyndmoor, PA, USA

             ***********************************************

Archives: http://community.lsoft.com/archives/LACTNET.html
To reach list owners: [log in to unmask]
Mail all list management commands to: [log in to unmask]
COMMANDS:
1. To temporarily stop your subscription write in the body of an email: set lactnet nomail
2. To start it again: set lactnet mail
3. To unsubscribe: unsubscribe lactnet
4. To get a comprehensive list of rules and directions: get lactnet welcome