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Breastfeeding 1-2-3

Update on On-Line Sales of Breast Milk

by Angela White, J.D., breastfeeding counselor on January 26th, 2007

No reply from eBay yet on this post. Breast milk has not been added to the group of prohibited and restricted items but the one open listing for human breast milk has been removed. Even though I did not directly alert eBay to that listing, I feel a slight twinge of guilt about my question leading to its removal. The seller is probably a very nice breastfeeding mother who simply had some extra milk. I hope she knows about one of the non-profit milk banks and considers donating her breast milk there.

The former tax lawyer in me wondered whether she could get a tax deduction for her donation. A quick search revealed this brochure related to the San Jose Mothers’ Milk Bank which says the milk bank itself will reimburse the mother for the same number of bags or containers sent to the milk bank and “if the donor can show proof that she is donating her milk to the milk bank, she can receive a tax deduction for all of her supplies and travel related to being a donor.” The brochure does not mention a deduction for the value of the milk itself.

We can equate the donation of human breast milk to the donation of human blood. Donations of human blood are not tax deductible according to the American Red Cross. The Red Cross says that by not providing any monetary or other incentives it can be sure that all donations are strictly and truly voluntary (and not motivated by financial gain). It’s interesting to note that several states offer state income tax deductions up to U.S. $10,000 for expenses related to donations of human organs including the liver, pancreas, kidney, intestine or bone marrow. Such donations are major procedures and I can see why it makes sense to facilitate donation by living organ donors. Obviously it’s much easier to donate breast milk or blood and those are also readily replenishable.

I digress…. I will keep you posted on this issue.

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POSTED IN: activism, advantages of breastfeeding, breast milk, donation of breast milk, law

1 opinion for Update on On-Line Sales of Breast Milk

  • Tammy
    Sep 17, 2008 at 4:52 pm

    There is a company here in my home town that pays people $75 per donation of plasma. Is breastmilk as good as this precious part of the blood especially for babies. Do mother’s who pump extra and make extra milk deserve compensation?

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