Selling Breast Milk: Australia's Legal Stance

is it illegal to sell breast milk in australia

The sale of breast milk in Australia is a highly debated topic. While some argue that it is illegal and unethical, others claim that it is a valuable source of nutrition for infants and adults alike. The Australian government has recently approved local dairy entrepreneurs to import and sell breast milk, but there are concerns about exploitation and health risks, especially without proper regulation. With inconsistent laws across states and territories, the demand for breast milk has increased, and it is being sold online and through informal networks.

Characteristics Values
Legality of selling breast milk in Australia Unclear, but the Australian government has approved a local dairy entrepreneur, Neolacta, to import and sell breast milk.
Legality of donating breast milk in Australia Allowed, but there are concerns about a lack of regulation and potential health risks for infants.
Regulation of the breast milk market in Australia Inconsistent across states and territories, with calls for stronger consumer and employment regulations to protect women and children.
Exploitation in the breast milk market The potential for exploitation is high without fair trade and fair pay regulations.
Alternatives to selling breast milk in Australia Donation to milk banks or directly to other mothers.

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Breast milk is treated like a blood product in Australia

Breast milk is not a commodity in Australia, and it is illegal to sell it. It is treated like a blood product, and as such, it can only be donated to milk banks.

The Australian Breastfeeding Association states that breast milk from another mother is the best alternative for babies who need more milk. This is especially true for very sick or premature babies in hospitals, who sometimes receive donor milk prescribed and arranged by the hospital. However, there are also many situations outside of the hospital where parents might require extra milk.

There has been a recent boom in Australians donating or selling breast milk online, facilitated by Facebook groups in every state and territory. While most women share milk without payment, there is an online black market where breast milk is purchased by people who believe it has medicinal value or can enhance athletic performance, despite a lack of evidence.

This unregulated market has the potential to exploit mothers and puts infants at risk of disease. Dr Julie Smith, an honorary associate professor at the Australian National University's College of Health and Medicine, has called for breast milk to be defined as a "'tissue'" and regulated in the same way as blood. She suggests that if breast milk were treated like blood donations, with clear clinical guidelines, screening, and storage processes, recipients would be protected from donors concealing relevant information, and donors would be protected from compromising their health or that of their child by donating too much milk.

To address these concerns, an expert working group in Australia and New Zealand finalised consistent guidelines for milk banks in early 2020. Additionally, the Australian government has approved a local dairy entrepreneur, Neolacta, to import and sell breast milk, although this has attracted controversy due to plans to collect milk without remuneration from poor mothers in India.

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There is a lack of regulation in the breast milk market

The unregulated nature of the breast milk market has raised concerns about infant safety. Without proper screening and storage processes, there is a risk of contamination and adverse reactions to unscreened milk, which can carry bacteria and diseases. Additionally, the lack of regulation fails to protect donors from potentially donating too much milk, which may compromise their health or that of their child.

To address these issues, experts have called for breast milk to be defined as a "tissue" and regulated similarly to blood donations, with clear clinical guidelines, screening, and storage processes. This would ensure that recipients receive safe milk and donors are protected from over-donation.

Furthermore, the lack of regulation in the breast milk market has the potential to exploit mothers. Without fair trade and fair pay regulations, mothers who supply breast milk may not receive adequate compensation or protection of their economic and health rights. Governments should prioritise strengthening women's rights to breastfeed, sell, or share their milk, rather than solely authorising companies to profit from the sale of breast milk.

The international market for breast milk is growing, driven by both demand and supply factors, as well as the challenges faced by new mothers worldwide. To protect consumers in Australia and suppliers abroad, import and export regulations should include fair trade and fair pay requirements, with product labelling certifying that suppliers received fair pay and health protection. Strong consumer regulation is necessary to safeguard women and children in the breast milk market.

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Health risks associated with unscreened milk

In Australia, there has been a surge in the sale and donation of breast milk, which has sparked concerns about the health risks associated with unscreened milk. While most women share milk with good intentions and without payment, the lack of regulation in this area could have severe consequences for infants.

Unscreened donor milk can pose serious health risks to infants. Firstly, it may contain bacteria and viruses that can cause infections in babies. Improperly pasteurized milk can transmit infections, and even home pasteurization is often considered unsafe by clinicians. This can lead to hazardous health outcomes for infants, as they are particularly vulnerable to such contaminants.

Secondly, unscreened milk may expose infants to medications, drugs, herbs, or other substances present in the donor's milk. This exposure could have unknown effects on the infant's health and development. The risk of contamination is heightened when milk is obtained directly from other parents or from unverified internet sources, as these sources may not adhere to proper screening, storage, and transportation protocols.

The American Academy of Pediatrics (AAP) advises against using internet-based or informal human milk-sharing sources due to the potential risks mentioned above. They recommend obtaining donor milk from established milk banks, which prioritize the safety and well-being of vulnerable infants.

In Australia, there is a push for stricter regulation of breast milk sharing and sales. Experts advocate for treating breast milk as a tissue or a blood product, with clear clinical guidelines, screening processes, and storage protocols. This regulatory framework would ensure the safety of both donors and recipients, protecting infants from potential health risks associated with unscreened milk.

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Breast milk is sold online via Facebook groups

While it is illegal to sell unpasteurized milk in Australia, there is a growing online market for breast milk sales and donations. This market operates through Facebook groups in every state and territory.

These Facebook groups facilitate the donation or sale of breast milk, with posts detailing requests, offers, and milk-sharing questions. While some groups do not allow or support the sale of milk, an online black market exists, where breast milk is bought by people who believe it has medicinal value or can enhance athletic performance.

The sale of breast milk without proper regulation can lead to exploitation and put infants at risk of disease. Dr. Julie Smith, an expert in the field, recommends treating breast milk as a tissue with clear clinical guidelines, screening, and storage processes to ensure safety and protect donors and recipients.

To address these concerns, the Australian government has approved initiatives like Neolacta, which imports and sells breast milk, and consistent guidelines for milk banks have been established across Australia and New Zealand. However, inconsistent regulations between states and territories remain, and further action is needed to protect mothers and infants in the growing online breast milk market.

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Milk banks are available in Australia

While selling breast milk is illegal in Australia, milk banks are available as an alternative. Milk banks in Australia accept donations of breast milk to provide to vulnerable infants in need. One example of a milk bank in Australia is the Queensland Milk Bank, which merged with the Australia Red Cross Lifeblood to expand its capacity and supply more hospitals. The Australian Government Department of Health and Aged Care has also released guidelines for processing donated human milk to ensure safety and nutrition.

In addition to official milk banks, there are Facebook groups in every state and territory that facilitate the donation of breast milk. These groups allow mothers to connect and share milk with each other. However, it is important to note that informal milk sharing carries risks, and some experts have called for better regulation to protect recipients and donors.

While the sale of breast milk is illegal, donating to a milk bank or through informal networks can be a way for mothers to support each other and ensure that vulnerable infants receive the benefits of breast milk. It is important for donors and recipients to be aware of safe storage and sharing practices to minimise any potential risks associated with shared breast milk.

Overall, milk banks and donation networks play an important role in providing breast milk to infants in need and allowing mothers to pay it forward. While the regulatory landscape is still developing, these services offer a valuable resource for families across Australia.

Frequently asked questions

It is currently legal to sell breast milk in Australia, but there are concerns about the lack of regulation in the industry.

Breast milk is in demand for a variety of reasons. Very sick or premature babies in hospitals are sometimes given donor milk. Outside of hospitals, parents may also require extra milk to feed their babies. On the supply side, selling breast milk can help make maternity leave more affordable.

Markets work by selling at a profit to those willing and able to pay, not to the children who need it the most. Without fair trade and fair pay regulations, consumers in Australia and suppliers abroad can be exploited.

Dr. Julie Smith of the Australian National University's College of Health and Medicine has called for breast milk to be defined as a "tissue" and regulated in the same way as blood. This would include clear clinical guidelines, screening, and storage processes.

Some lactation consultants and midwives connect local parents with breast milk donors across the country. The Australian Breastfeeding Association also states that breast milk from another mother is the best alternative, but it does not get involved in private donor milk sharing. Hospital milk banks follow strict procedures to protect premature and ill babies, including health checks and pasteurization.

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