DẠI HỌC KINH TỂ THÀNH PHỐ HÒ CHÍ MINHBÁO CÁO TỔNG KÉT ĐÈ TÀI NGHIÊN cứu KHOA HỌC THAM GIA XÉT GIẢI THƯỞNG “NHÀ NGHIÊN CƯU TRẺ UEH” NĂM 2024 ABOLISHING ANONYMITY OF SPERM, EGG, AND EMBRYO
Background
Procreation has long been viewed as a natural law essential for humanity's existence and development, rooted in instinctual needs However, societal progress has transformed the perception of lineage preservation from a mandatory duty to an individual choice, no longer restricted to marriage In modern life, procreation may not be the primary focus for many established families Nevertheless, in East Asian societies, particularly in Vietnam, the belief in "Breeding Fertility" continues to uphold procreation as a significant and frequent practice for lineage preservation.
Thực trạng giả hoá dàn số tại Việt Nam và trên thế giới đang trở thành vấn đề đáng lo ngại, ảnh hưởng đến nhiều lĩnh vực như giáo dục, y tế và kinh tế Việc sử dụng số liệu giả không chỉ làm giảm độ tin cậy của các nghiên cứu mà còn gây ra những hệ lụy nghiêm trọng cho xã hội Cần có các biện pháp mạnh mẽ để nâng cao nhận thức và cải thiện quy trình thu thập dữ liệu, đảm bảo tính chính xác và minh bạch trong thông tin Các tổ chức cũng nên hợp tác để xây dựng các tiêu chuẩn chung nhằm giảm thiểu tình trạng này.
2 Võ, H s., & Phan, H T T (2018, 3 16) Phong tục sinh nở cua người Việt Trường Đại học Khoa học Xà hội và Nhân văn https://ir.vnulib.edu.vn/liandle/VNUHCM/5147
' Yến Phi (2012 July 2) Em bé thứ 5 triệu chào dời từ ống nghiệm Báo Thanh Niên, https://thanhnien.vn/em- be-thu-5-trieu-chao-doi-tu-ong-nghiem-185609 18.htm
The advancement of medicine has significantly enhanced our understanding of human reproduction, offering new avenues for individuals and couples facing fertility challenges The landmark birth of a baby via in vitro fertilization (IVF) in 1978 heralded a transformative era in reproductive science, expanding possibilities beyond natural conception Today, medical innovations allow for the preservation of embryos and sperm, posthumous childbirth, and surrogacy, enabling the conception of healthy children while preventing the transmission of inherited diseases These breakthroughs in assisted reproductive technologies have fundamentally redefined the relationship between sexual health and reproduction, moving beyond traditional models.
Article 8 of the 1989 Convention on the Rights of the Child asserts that children have the right to an identity and to know their parents without unlawful interference This principle underscores the importance of understanding one’s origins, particularly for children conceived through assisted reproductive methods, where anonymous donation complicates this right Our analysis examines the effectiveness of laws in countries like the United Kingdom and Sweden, highlighting the ongoing efforts to eliminate anonymity in donor conception The legislative changes in the UK, Canada, and Sweden, alongside discussions in the United States, reflect a collective movement towards ensuring that children can access donor identities These developments are influencing legislative bodies in Vietnam, encouraging them to adopt new information sources and foster positive reforms.
By examining practical experiences and insights from leading countries, we seek to enhance awareness and improve the protection of rights for individuals conceived through assisted reproductive techniques in Vietnam.
Purposes of the research
Since the late 1980s, developed countries like the United Kingdom, Austria, and Sweden have moved to eliminate anonymous sperm donation through specific legislation In contrast, Vietnam maintains the anonymity of sperm donors, as stipulated in Article 4(2) of Decree 10/2015/ND-CP, which prohibits medical facilities from disclosing the names, ages, addresses, or images of sperm donors.
2015 to the present, there have been numerous domestic articles and research studies
1 Full text of Convention: "Article 8:
I Slates Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized hy law without unlawful interference
States Parties must offer necessary support and protection to children who have been unlawfully deprived of their identity elements, particularly those conceived through assisted reproductive technologies, in order to help them understand and reconnect with their origins.
5 NGO THỊ ANH VAN 2018 Quyên xác định nguòn gôc cùa con được sinh ra bãng kỳ thuật hô trợ sinh sàn.
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Huỳnh Văn Thông (2021) đã đề cập đến việc xác định nhân thân cho trẻ em được sinh ra bằng kỹ thuật hỗ trợ sinh sản Điều này nhấn mạnh tầm quan trọng của việc bảo vệ quyền lợi và danh tính của trẻ trong bối cảnh phát triển công nghệ y tế hiện đại.**Tầm quan trọng của doanh nghiệp tư nhân**Khu vực doanh nghiệp tư nhân đóng vai trò quan trọng trong sự phát triển kinh tế xã hội của tỉnh Bình Thuận, góp phần tạo ra việc làm và củng cố an ninh quốc phòng Đóng góp của kinh tế tư nhân chiếm tới 50% GDP, giúp tỉnh đạt được mục tiêu tăng trưởng bền vững trên 8% trong năm 2025.**Các hoạt động giáo dục và đào tạo**Trường Chính trị tỉnh Bình Thuận đã tổ chức nhiều hoạt động đào tạo và hội thảo, nhằm nâng cao chất lượng giảng dạy và rèn luyện kỹ năng cho học viên Những hoạt động này không chỉ giúp nâng cao trình độ chuyên môn mà còn tạo cơ hội giao lưu và phát triển cho sinh viên.
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Cuộc truy tìm nguồn cội của những đứa trẻ sinh ra nhờ tinh trùng hiến đã trở thành một chủ đề nóng hổi khi nhiều người muốn biết về cha ruột của mình Hàng chục nghìn trẻ em, từ khi sinh ra, đã không biết cha mình là ai cho đến khi công nghệ xét nghiệm ADN phát triển Hai người phụ nữ, Courtney McKinney và Alexandra Sanchez, đã gặp nhau và phát hiện họ cùng được thụ thai từ một người hiến tinh trùng Sự tò mò về nguồn gốc cha mình đã thúc đẩy họ tìm kiếm thông tin, mặc dù trước đây việc giữ bí mật thông tin của người hiến là quy tắc bắt buộc Ngày nay, với sự thay đổi trong quan điểm xã hội và sự phát triển của công nghệ, nhiều trẻ em được khuyến khích tìm hiểu về nguồn gốc của mình, nhưng vẫn có những lo ngại từ các bậc phụ huynh về việc này.
Xác định cha, mẹ và con trong trường hợp sinh con bằng kỹ thuật hỗ trợ sinh sản là một vấn đề quan trọng theo quy định của pháp luật Hoàng Đình Dùng (2020) đã nêu rõ các quy định liên quan đến việc xác định mối quan hệ giữa cha, mẹ và con trong bối cảnh này Việc hiểu rõ các quy định pháp lý sẽ giúp bảo vệ quyền lợi hợp pháp của các bên liên quan.
The shift from anonymous donation practices to the acceptance of donor identity disclosure in countries like Sweden and the United Kingdom has sparked extensive global debates Despite studies showing a decline in donor numbers following the removal of anonymity, these countries have embraced this change for various reasons This article explores the motivations behind the elimination of anonymity and its effectiveness, while also posing the critical question of whether Vietnam should consider allowing the partial disclosure of donor identities.
A 2015 nationwide study by the National Hospital of Obstetrics and Gynecology and Hanoi Medical University found that Vietnam's infertility rate stands at 7.7%, with nearly half of the affected couples being under the age of 30.
30 It is estimated that there are around 700.000 to 1 million infertile couples nationwide
In Vietnam, around 30,000 in vitro fertilization procedures are conducted annually, highlighting a significant demand for assisted reproductive technologies in addressing infertility rates.
Removing donor anonymity can significantly impact the privacy and confidentiality rights of donors, while also affecting the rights of children conceived through assisted reproductive technologies This article explores the implications of eliminating donor anonymity in sperm, egg, and embryo donations, alongside the rights of children born from artificial insemination abroad to know their biological origins.
We aim to provide valuable insights and approaches learned for Vietnam.
Literature review
In the face of such contentious issues, there have been numerous articles and research works presenting various perspectives and personal opinions from both domestic and international sources For example:
In "Sperm and Egg Donor Anonymity: Legal and Ethical Issues," Glenn Cohen (2015) explores the contentious debate surrounding the elimination of donor anonymity, highlighting its implications in legislation and bioethics The article compares U.S laws with those of other countries, emphasizing the societal impact of these policies on children conceived through assisted reproductive technologies Key themes include the "process" of establishing laws and their role in "protection," as Cohen aims to clarify how these laws safeguard donor-conceived children Through a comprehensive review of existing literature, empirical surveys, and various arguments, the author evaluates both sides of the debate on anonymous sperm donation He critiques the argument that anonymity harms donor-conceived children by denying them access to genetic information, suggesting that this reasoning is flawed Additionally, Cohen discusses the medical benefits of reducing donor anonymity, arguing that it could mitigate the transmission of inherited diseases and enhance public health through improved donor screening methods.
A survey of 392 participants found that over 70% were willing to donate sperm, but those required to disclose their identity sought 30% to 40% higher compensation than anonymous donors The author argues that the societal implications of anonymous sperm donation present strong arguments against it, as it may lead to a lack of reference data, resulting in lower-quality sperm and potential importation from abroad Additionally, anonymous donations could inadvertently create half-siblings, raising concerns about consanguinity Despite these issues, the author contends that such factors alone do not warrant a legal ban on anonymous sperm donation due to their low probability The rights of individuals conceived through these methods should take precedence, given the unique challenges they face The article concludes by highlighting the need for a comprehensive legal framework to address unresolved issues regarding the effectiveness of various countries' policies and the prioritization of donor methods.
“Abolishing Anonymity: A Rights-Based Approach to Evaluating Anonymous Sperm Donation^ The article by Rebecca Johns, published in the UCLA Women's Law
In a 2014 journal article, the ethical and legal implications of anonymous sperm donation are critically examined The author advocates for the abolition of anonymous sperm donation, highlighting its infringement on the rights of children conceived through donor conception, as well as the rights of parents and the broader legal and societal frameworks The article notes a growing trend in advanced countries like Australia to eliminate anonymous sperm donation, emphasizing the need for transparency and accountability in the donor conception process.
The author contends that anonymous sperm donation in the UK and Scotland poses significant risks for children conceived via artificial insemination While these negative effects may not be immediately visible, the absence of knowledge regarding biological parents can lead to profound psychological harm This lack of information is likely to have lasting detrimental effects on the psychological development of donor-conceived children.
6 Johns, R (2014) Abolishing Anonymity: A Rights-Based Approach to Evaluating Anonymous sperm
The right to know one's medical history and genetic origins is crucial in preventing the transmission of inherited diseases; however, anonymous donation obstructs access to this vital information To ensure children benefit medically, the author suggests that the United States implement a comprehensive reporting program mandating clinics and sperm banks to disclose and regularly update donor identifying information Additionally, all anonymous sperm donations made before the ban should be publicly accessible through accurately maintained records Despite these proposals, the author recognizes that challenges in supporting these children and addressing related legal issues may hinder effectiveness, which is a significant concern that needs to be addressed.
The Ethics Committee of the American Society for Reproductive Medicine emphasizes the importance of informing children conceived through gamete donation about their donor, advocating for flexible disclosure policies in assisted reproductive technology (ART) programs and sperm banks The article explores professional perspectives on identity disclosure, highlighting the benefits of transparency while addressing concerns from both supporters and opponents It proposes solutions to protect the rights of donor-conceived children and considers the psychological implications of what information should be shared However, the research aligns with existing U.S policies, recognizing that disclosure remains a personal choice for participants, which may limit the child's right to know their biological origins.
7 Ethics Committee of the American Society for Reproductive Medicine Informing offspring of their conception by gamete donation Fertility and Sterility, Vol 81, Issue 3, March 2018, Pages 527-531.
The article "The right to know one's genetic origins and cross-border medically assisted reproduction" emphasizes the importance of individuals knowing their genetic origins, arguing that withholding this information is unfair It suggests that while not all children conceived through donation may suffer harm from lack of access to their genetic background, such deprivation limits their autonomy and ability to define their identity Furthermore, the article highlights the less frequently discussed issue of cross-border medically assisted reproduction, indicating a gap in available reference materials on this topic.
The ethical and policy concerns surrounding reproduction, particularly in the context of medically assisted reproduction (MAR), necessitate urgent attention A crucial aspect of ethically responsible policies is ensuring that individuals conceived through MAR have access to information about their genetic origins This access is vital for promoting medical interests, safeguarding future autonomy, and upholding human rights The article highlights the importance of the right to ascertain genetic origins, especially in light of emerging technologies that underscore this necessity However, the research does not address the effectiveness of prohibiting anonymous donations in this context.
In her article, "The Right to Ascertain the Genetic Origins of Children Born through Assisted Reproductive Techniques," Ngo Thi Anh Van explores the fundamental right to determine the genetic origins of children conceived via assisted reproductive technologies The discussion encompasses global laws and regulations, with a specific focus on the legal framework in Vietnam, highlighting significant provisions such as Article 8.
9 NGO Till ANH VAN, 2018, Quyên xác định nguôn gôc của con được sinh ra băng kỳ thuật hô trợ sinh sàn,
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' Ravitsky, V The right to know one ’ s genetic origins and cross-border medically assisted reproduction Isr J
Health Policy Res 6,3 (2017) https://doi.org/10.1186/sl3584-016-0125-0
The International Convention on the Rights of the Child (1989) and Article 11 of the Adoption Law (2010) are pivotal in addressing anonymity issues in Vietnam This study highlights global trends surrounding anonymity and examines the legal implications of potentially abolishing it in Vietnam However, it does not thoroughly explore the effects that the removal of anonymity may have on other countries.
The discussed projects underscore the importance of the right to know one's biological origins, emphasizing that this right is jeopardized by the current anonymous donation system Consequently, most studies advocate for the complete or partial removal of donor anonymity to safeguard children's rights to their biological heritage However, there remain significant gaps in the research regarding the effectiveness of the measures and decisions that have been put into place.
Methodology
The research will use a variety of research methods, focusing on these main methods:
In Chapter One, the synthesis method was utilized to analyze the gathered data, resulting in conclusions and recommendations related to legal regulations and the research topic presented in Chapter Three.
The comparative method was used in Chapters Two and Three to compare legal regulations among different countries.
Case studies involve a thorough analysis of specific examples pertinent to the research topic, offering an in-depth exploration of real-world situations This method enables a comprehensive understanding of the issues at hand, making it an essential tool for research.
Analyzing and synthesizing theory methods in Chapters Three aimed to provide insights and comments on the legal regulations, thereby highlighting the practical aspects of the research topic.
Research subjects
The research subject of this topic encompasses theoretical, practical, and legal issues regarding the protection of the rights of children born through donation methods Specifically, it includes:
(1) Theoretical foundations, perspectives, and legal theories concerning the right to know the donor's identity for children born through donation methods;
(2) The cun'ent legal framework in Vietnam and relevant international conventions concerning the protection of the right to know the biological origins of children born through assisted reproductive techniques;
(3) The practical application of laws regarding the right to know the biological origins of children born through assisted reproductive techniques;
(4) The laws of selected countries worldwide concerning the protection of the right to know the biological origins of children born through donation methods.
Research scope
Our research centers on the right to identify the biological origins of children conceived through assisted reproductive technologies, rather than on the rights concerning the determination of their parents.
This research provides an overview of theoretical issues surrounding the rights to donate sperm, embryos, and oocytes, clarifying the nature of donation rights It analyzes factors influencing the protection of children's rights to know the identities of their donors under Vietnamese law, while also examining this issue from an international legal perspective The study evaluates current legal enforcement practices and proposes recommendations to enhance the legal framework for protecting the right to ascertain the origins of children born through artificial insemination in Vietnam, with a primary focus on the rights of the children, excluding the rights of donors and legal parents.
The article highlights the significance of international legal provisions aimed at protecting the right of children born through assisted reproductive techniques to ascertain their origins It underscores the need for enhancing these provisions and ensuring their effective implementation within Vietnamese law Furthermore, the authors analyze specific civil law provisions in Vietnam, comparing them with practices in other countries to evaluate the current legal framework and propose appropriate recommendations for improvement.
Structure
Part 2: Research content and results
Chapter 1: General Theoretical Perspectives on Anonymity and the Right to Ascertain Biological Origins.
Chapter 2: Legal Framework and Practices Worldwide.
Chapter 3: Vietnam's Approach to Removing Anonymity of Sperm, Embryo, and Oocyte Donors.
GENERAL THEORETICAL PERSPECTIVES ON
Overview of Identity, Origins, and the Right to Know about Origins
According to the Vietnamese Dictionary, the term “identity” refers to the aspect through which individuals rely on to clarify distinctive characteristics.12 It is the
Identity allows individuals and society to recognize each person as a unique individual with distinct differences However, the concept of identity remains incomplete and has limitations While certain characteristics such as hair color, eye color, skin color, and ethnicity are inherent at birth, identity is also shaped by interactions with the external world and others Thus, an individual's identity is formed through a combination of inherent traits and social influences.
The concept of identity can be divided into two categories: "inherent," which refers to the static, unchanging external characteristics that differentiate individuals, and "modifiable," which encompasses the dynamic traits that evolve over time, such as intelligence, ethics, culture, religion, politics, and profession Understanding one's biological origins is crucial for shaping a unique identity, as it allows individuals to explore their inherited traits and recognize genetic influences from their family lineage Therefore, a comprehensive awareness of these origins is essential for personal identity development.
1.1.2 Definition of origin and the right to know' origin
The concept of "the origins of a person" plays a crucial role in shaping individual identity, reflecting its complexity and varying interpretations across different people In Vietnam, there is currently no precise definition or framework for understanding this multifaceted idea.
12 Duyên Kỳ, & Đức Bốn (2013) Từ điên Tiếng Việt Nxb Thanh niên.
15 De Lorenzi M 2007, Ignorance of ihe true origin and the right to identity? The anonymity of the donor of gametes and pre-embryos in assisted human reproduction techniques.
The concept of "the right to determine origins" is crucial for individuals conceived through assisted reproductive methods, as it encompasses their fundamental right to know their biological roots Origin stories, such as that of Oedipus in Greek mythology, highlight the importance of self-identity, making it essential for donor-conceived individuals to access information about their genetic background This right includes four key aspects: first, the medical aspect, which allows individuals to know their family's medical history and relevant genetic information; second, the identity aspect, which provides personal narratives about biological parents to aid in self-identity development; third, the relational aspect, which enables the formation of relationships with biological parents; and lastly, the circumstantial aspect, which emphasizes the necessity for donor-conceived individuals to understand the truth about their conception, prioritizing this right over the privacy of biological parents.
15 Vardit R (2010) “Knowing Where You Come From": The Rights of Donor-Conceived Individuals and the Meaning of Genetic Relaledness.
16 Đào, T Đ (2016) Kỹ thuật thụ tinh nhân tẹio vật nuôi Nhà xuât bàn Lao động Xà hội.
Artificial insemination is a reproductive technique designed to help individuals with fertility challenges achieve pregnancy by introducing live sperm into the female reproductive organs through advanced technologies Its origins date back to the 14th century when Arabs used it for breeding valuable horses, and by the 18th century, European farmers adopted it for improving livestock genetics It wasn't until the early 20th century that artificial insemination emerged as a viable option for human reproduction, initially aimed at assisting couples facing severe male infertility Today, it is primarily used for couples dealing with unexplained infertility or male infertility issues, utilizing sperm from either a partner or a donor, and is conducted at specialized facilities.
According to Article 16 of the 2013 Constitution, all individuals are equal before the law, and discrimination in various aspects of life is prohibited However, individuals conceived through artificial insemination often encounter legal obstacles in accessing information about their origins Recognizing that every person has a unique origin is crucial, and it is a fundamental right that should be safeguarded by law Consequently, many nations are working to enhance and update regulations to help those conceived through assisted reproductive technologies better understand their origins.
The basis for establishing the right to know the origin of individuals
1.2.1 Principles establishing the right to know one’s origin
To safeguard the right of individuals conceived through artificial insemination to know their origins, it is essential to implement systems grounded in key principles This right can be supported by the Principles of Autonomy, Beneficence, and Respect for Persons, ensuring that individuals have access to their genetic background and fostering a respectful approach to their identity.
The principle of autonomy, derived from the Greek words "autos" (self) and "nomos" (law), signifies an individual's right to make their own decisions It is rooted in the inherent dignity of every human being, emphasizing that individuals are free and deserve unconditional respect This principle underpins various human rights, including the rights to freedom of religion, privacy, and self-determination, allowing individuals to understand and define their own lives.
18 Koelewijn, w (2023 October 21) Privacy from a Medical Perspective De Gruyter academic.
Individuals have the right to self-determination, but this must be balanced with the obligation to respect privacy and societal values For donor-conceived individuals, autonomy encompasses the freedom to know their biological origins and shape their identity Anonymity practices by government entities or sperm banks undermine this autonomy, infringing upon their rights and desires.
The advancement of science and technology has empowered infertile couples, single women, and same-sex couples to realize their dreams of parenthood However, children conceived through these methods often face injustices regarding their rights, particularly the right to know their biological origins Government regulations on donor anonymity restrict access to vital information about their heritage, infringing on their autonomy and freedom According to Ravitsky, individuals born through donation methods are denied essential details that are crucial for understanding their genetic background, which is fundamental to their development as informed individuals The clash between evolving reproductive technologies and outdated donor anonymity policies results in donor-conceived individuals lacking the rights they deserve, including equality within society In addressing this concern, Professor Thevoz emphasizes the importance of transparency and honesty in family dynamics.
19 s A (2017) Donor Conception and the Search for Information: From Secrecy and Anonymity to Openness
20 Ravitsky, V (2016) ‘Donor Conception and Lack of Access to Genetic Heritage' American Journal of
21 Ravitsky, V (2014) Autonomous Choice and the Right To Know One's Genetic Origins' Hastings Center Report, 44, 36-37.
22 Wade.K (2020) Reconceplualising The Interest in Knowing One's Origins: A Case For Mandatory
Disclosure Medical Law Review, 28, 731-752. respecting the autonomy of children throughout their development are minimal ethical requirements that are almost impossible to translate into legal obligations.23
23 Thevoz, J M (1997) The rights of children to information In: D Evans (Ed.) Creating the Child : The Ethics, Law and Practice of Assisted Procreation The Hague: Martinus Nijnoff 195-209.
24 Cowden M (2012) “ No Harm: No Foul” : A Child's Right to Know Their Genetic Parent ULPF 26
25 Beauchamp, T (2013) Childress JF Principles of biomedical ethics Oxford University Press
The Belmont Report, published by the U.S National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, outlines essential ethical principles and guidelines for safeguarding human subjects involved in research This foundational document, released by the Department of Health in Washington, D.C on August 25, 2017, serves as a critical resource for researchers to ensure ethical compliance For more information, visit the official HHS website.
The autonomy of individuals conceived through artificial insemination should be viewed as a positive freedom that encourages responsible decision-making rather than an absolute right free from external influences It is essential for children to engage in thorough discussions with their legal parents and the sperm donation center when considering accessing information about their biological donors While they have the freedom to seek this information, it is crucial to respect the donor's privacy rights and understand that this freedom comes with the responsibility of careful consideration of all related factors.
When children are given access to donor information, it is crucial that they respect the donor's environment, including their property, family, occupation, and social relationships The management center overseeing donation matters must not only acknowledge requests from children but also evaluate each case carefully, considering the psychological and personal history of the individual seeking access This thorough assessment is essential to prevent any potential harm to all parties involved.
The Principle of Beneficence emphasizes the importance of promoting the rights and interests of others while preventing harm As outlined in the Belmont Report, this principle is guided by two key rules: to avoid causing harm and to maximize benefits while minimizing risks A crucial aspect of beneficence involves balancing potential benefits against possible harms, particularly in research involving human subjects This principle is especially relevant when considering the implications of removing donor anonymity, which can provide recipients with vital medical information and emotional support By addressing the ethical considerations surrounding donor anonymity, healthcare professionals and lawmakers can create policies that uphold the principle of beneficence while respecting the autonomy and privacy of all parties involved.
Removing donor anonymity enhances beneficence by granting recipients of donated reproductive organs access to vital medical information about the donor, such as genetic health risks and family medical history This transparency supports the health of both the recipient and future children Furthermore, it allows recipients to potentially establish a relationship with the donor, offering emotional support and addressing medical concerns Such connections can help resolve health or genetic issues, fostering biological development and a sense of psychological completeness for the child and their family.
The Principle of Respect for Person combined with the Principle of Fairness:
The principle of respect for persons is essential in both donation and research involving human participants, emphasizing individual autonomy, dignity, fundamental rights, and the intrinsic value of each individual Additionally, the principle of fairness advocates for impartiality and equality, ensuring that individuals are not subjected to arbitrary or discriminatory treatment It promotes equal opportunities for all to access resources, benefits, and opportunities, regardless of their background or circumstances.
27 Several of these specifications of respect for persons for deceased organ donation were articulated in Organ Donation: Opportunities for Action (2006) IOM.
2X Childress JF Putting patients first in organ allocation: An ethical analysis of the U.S debate (2001)
Cambridge Quarterly of Healthcare Ethics
Dignitary harms in bioethics arise when individuals are treated as mere instruments rather than beings with inherent worth and agency, particularly in the context of anonymous donation Those conceived through assisted reproductive technologies often feel a loss of meaningful participation in decision-making regarding their genetic heritage and medical history This lack of choice and access can lead to a perception of being reduced to commodities rather than being treated as equals deserving of respect and agency Importantly, these dignitary harms can occur regardless of whether individuals are aware of their assisted conception.
29 Levin A (2022) THE EVOLVING ETHICS OF SPERM DONATION by Anna Levin A thesis submitted to
Johns Hopkins University in conformity with the required JScholarship. https://jscholarship.library.jhu.edu/server/api/core/bitstreams/2899eee4-d5f4-41a4-8eb8-85620d95458a/content
10 Brewaeys, A., de Bruyn, J K., Helmerhorst, F M., & Louwe, L A (2005) Anonymous or identity-registered sperm donors? A study of Dutch recipients' choices PubMed 10.1 093/humrep/deh708
Autonomy is a crucial aspect of this issue, as it ensures that offspring can access information about their sperm donors through sperm banks More significantly, it provides them with legal support to facilitate their journey toward self-completion Additionally, biological and legal parents, along with relevant authorities, must take proactive steps to foster an environment conducive to the child's development, guiding them to use their autonomy responsibly and for lawful purposes.
1.2.2 History of formation and development of the right to know origins
The first recorded artificial insemination using donated sperm occurred in 1884 at Jefferson Medical College in Philadelphia In the 1940s, advancements in cryopreservation and sperm storage techniques by Chris Polge and his team at Cambridge significantly enhanced this method's effectiveness Nearly a century later, in 1983, the first successful egg donation took place at the Monash IVF Center in Australia Since then, thousands of individuals globally have been born through artificial insemination with donated sperm and eggs, though exact figures remain elusive In the UK alone, from 1992 to 2009, approximately 36,000 children were conceived via sperm or egg donation, as reported by the Human Fertilisation and Embryology Authority.
The Catholic Church has long condemned human artificial insemination, viewing it as a violation of religious norms In 1950, Pope Pius XII articulated that this practice undermines morality within and outside marriage, creating a disconnect between the child and their legally recognized father, which diminishes moral and legal obligations related to procreation The Archbishop of Canterbury echoed this sentiment, labeling artificial insemination as a punishable offense for all involved Such religious and social pressures shaped public perception and laid the groundwork for future regulations on anonymous sperm donation Consequently, only a handful of obstetric specialists opted to perform artificial insemination, often selecting sperm from anonymous medical students resembling the husband to shield all parties from moral and legal repercussions.
Ezugwu, Eleje, and Iyoke (2018) explore the significant preference for anonymity among sperm donors in the context of artificial insemination within low-resource settings in Nigeria The study highlights how anonymity impacts donor willingness and the implications for reproductive health practices Understanding these preferences is crucial for improving sperm donation programs and ensuring ethical standards in assisted reproductive technologies.
32 Pope, p (n.d.) Mystici Corporis: On the Mystical Body of Christ Library Thing Retrieved February 3, 2024, from https://www.librarylhing.com/author/piusxiipaus
33 Daniels, Ken, & Taylor, K (1993) Secrecy and Openness in Donor Insemination Politics and Life Sciences
34 Lesher, & Jennifer, s (2001) The Experiences of Eight Married Women who Conceived Children by
Anonymous Donor Insemination Unpublished Master's Thesis Institute of Transpersonal Psychology, Palo
Analysis of the right to know the origin of children born through assisted
The right to determine one's origins is crucial for safeguarding the interests of individuals conceived through assisted reproductive technologies To maximize the advantages of this right, we have conducted thorough consultations and analyses from multiple perspectives, ensuring our research is objective, practical, and comprehensive Our focus includes individuals who directly benefit from this right and the entities capable of making decisions that affect these individuals' rights.
1.3.1 Analyzing the right to determine one’s origins from the perspective of the right owners
The right to determine one's origins is a fundamental aspect that extends beyond childhood, encompassing the interests of adults conceived through assisted reproductive technologies Most countries uphold regulations that protect the right to know one's origins, as outlined in the Universal Declaration of Human Rights However, due to the emotional vulnerability and developmental stages of children, access to genetic information is often restricted until they reach a certain age of maturity in some regions It is crucial that the disclosure of genetic information is managed carefully to ensure the child's best interests, as emphasized in Article 3, Paragraph 1 of the 1989 Convention on the Rights of the Child, which states that the best interests of the child must be a primary consideration in all actions concerning them.
1.3.2 Analyzing the right to determine one’s origins from the perspective of relevant subject
The state plays a crucial role in upholding the "right to determine one's origins," as its regulations significantly influence the rights of children in this regard It is the state's responsibility to ensure proper birth registration and manage the collection and disclosure of identity-related data However, if the state implements laws that anonymize donor identities, it could hinder the ability of children conceived through assisted reproductive technologies to access their genetic origins, ultimately obstructing their right to know their heritage.
Article 3, Paragraph I of the 1989 Convention on the Rights of the Child emphasizes that in all actions concerning children, the best interests of the child must be a primary consideration, whether these actions are taken by public or private institutions, courts, or legislative bodies This raises questions about the obligations individuals have regarding a child's right to know their origins Particularly, the child's mother typically possesses the most information about their origins, highlighting the importance of cooperation among those involved in the child's birth to ensure accurate registration of personal information Furthermore, Article 7 of the Convention mandates that domestic laws must address this issue.
“Registration shall be compulsory for both the parents and relevant administrative authorities"' Similarly, Paragraph 2 of Article 8 of the Convention acknowledges that
“The law should punish those who violate the right to determine the identity of the child.”4'
40 Besson, s (2007) Enforcing the child's right to know her origins: contrasting approaches under the
Convention on the Rights of the Child and the European Convention on Human Rights International Journal of Law, Policy and the Family, 21(2), 137-159 https://doi.Org/l 0 1093/lawfam/ebm003
41 Article 8 of the Convention of the rights of the child
Analyze the right to know origin with other related rights
The debate surrounding the right to know one's biological origins for children conceived through assisted reproductive technologies highlights a conflict between this right and the fundamental rights of donors, including privacy and protection from parental responsibilities Proponents argue that recognizing the right to know one's origins not only safeguards the interests of conceived children but also upholds the legitimate rights of all parties involved Researchers emphasize the importance of prioritizing the child's ability to learn about their biological parents' identities, rather than focusing on the donors' concerns.
1.4.1 Distinguish the difference between the right to know about biological parents and the right to be with parents
The right to know one's biological parents is a crucial aspect of personal identity, granting individuals access to information about their biological or legal parents, including details about their ancestry, family background, medical history, and genetic heritage This right is especially important for adopted children, those conceived through donation, and individuals separated from their families, as it helps them establish a connection to their roots and understand their origins.
The right to be with one's biological parents encompasses an individual's entitlement to live and maintain a relationship with their biological or legal guardians This right underscores the significance of the parent-child bond and the nurturing environment that parents provide Primarily associated with children, it highlights the essential need for love, support, and guidance from parents Key elements of this right include parental custody, visitation, and ensuring the overall well-being of the child within the family unit.
The right to know one's biological parents and the right to be with them represent distinct aspects of the parent-child relationship, particularly in the context of assisted reproductive technologies While the former emphasizes the importance of accessing genetic information to foster personal understanding, the latter underscores the necessity of a physical and emotional bond This distinction clarifies that children conceived through sperm or egg donation should have access to their genetic information without establishing legal relationships with donors, as the intent of donation is to assist in reproduction without creating parental obligations Ultimately, everyone, regardless of conception method, deserves to know their biological parentage to satisfy personal needs while ensuring that donors remain protected from unforeseen responsibilities.
1.4.2 Distinguish between the right to know about the parents of the child born and the right to know about the child born of the sperm, embryo and oocyte donor
Supporters of assisted reproductive technologies believe that children conceived through these methods have the right to know their biological parents' identities, while genetic parents do not have the same right to know their children's identities This perspective emphasizes the importance of transparency for the child while protecting the privacy of the donor.
Researchers argue that children conceived through artificial insemination lack agency in their conception, as they have no control over the method used In contrast, sperm donors willingly participate, fully aware that their donations may lead to the birth of children This disparity highlights the difference in agency between the donor and the child, suggesting that the child should play an active role in understanding their origins, given that their conception was a passive process.
Allowing the genetic parent (the donor) to have more say in meeting the child can create challenges for both the legal parents and the child Early contact with the donor may shorten the time needed for legal parents to prepare the child emotionally, which is crucial since adolescents often struggle with emotional regulation Insufficient mental preparation can lead to significant distress for the child Conversely, if the child has greater control over learning about the donor's identity, it can lead to a more positive experience This approach allows the child to mature and receive guidance from the legal parents, ensuring that when they are ready to explore their biological origins, the process of obtaining information about the donor is much safer and more manageable.
12 Lu Y., Wang N., & Jin, F (2013) Long-term follow-up of children conceived through assisted reproductive technology Journal of Zhejiang University-science B 14(5), 359-371 https://doi.org/1 0.1631 /jzus.b 1200348
The concept of the "Right to Determine Origin" is crucial for individuals to verify their identities and influence their long-term development in areas such as education, cultural ethics, and religion This right is especially important for children, who are vulnerable and require protection and access to their origins due to their susceptibility and lack of maturity This need for safeguarding children's rights is recognized in key legal documents, including the Universal Declaration of Human Rights (1948) and the International Convention on the Rights of the Child.
Since 1989, there has been a growing trend in advanced countries to eliminate donor anonymity in artificial insemination This shift aims to help children conceived through these methods learn about their origins, reflecting a significant ethical consideration in reproductive practices.
The right to determine origin encompasses unique characteristics that require clear definition It is essential to establish regulations that specify the data available for children regarding their origins Additionally, this right must outline the responsibilities and entitlements of all parties involved, including parents and the state Most importantly, it safeguards an individual's right to access information about their biological or legal parents, as well as their ancestry, family background, medical history, and genetic heritage, free from interference or pressure from others.
Despite various opposing viewpoints, numerous countries worldwide enforce regulations aimed at eliminating anonymity This article will explore the historical context, existing regulations, and practical applications of these anonymity elimination laws in several nations across the globe.
LEGAL FRAMEWORK AND PRACTICES WORLDWIDE
Some human rights relate to the right to identify origins under international
Countries worldwide increasingly recognize the fundamental rights of individuals, particularly emphasizing the rights of children conceived through assisted reproductive technologies There is a growing consensus that knowing one's origins is a vital need that should be guaranteed for everyone.
- Universal Declaration of Human Rights
Member states have set forth standards and principles to identify individuals in need of protection under international law According to Article 25 of the Universal Declaration of Human Rights, adopted in 1948, these individuals are defined along with their essential needs for support and care.
Everyone is entitled to a sufficient standard of living that ensures their health and well-being, which includes access to essential needs such as food, clothing, housing, and medical care Additionally, individuals have the right to necessary social services and security during times of unemployment, illness, disability, widowhood, old age, or any other unforeseen circumstances that affect their ability to sustain a livelihood.
2 Children and mothers are entitled to special care and assistance All children, whether born in or out of wedlock, shall enjoy the same social protection.”43
43Article 25 of (he Universal Declaration of Human Rights in 1948
The declaration has established a foundation for developing legal frameworks aimed at protecting future generations, highlighting the right to know one’s origins as a vital and distinct entitlement This right encompasses both the identification of individuals and the safeguarding of their identities Despite its significance, the complexities surrounding this issue have led to insufficient legal attention and establishment globally Identity connects individuals to their past and present, enabling them to shape their future, and encompasses relationships tied to an individual's biological, social, cultural, and political families.
44 Llewellyn H Rockwell, 1966, Civil Right Socialisms The Freeman, https://fee.org/media/16426/1996-05.p clf
45 STEWART, G A (1992) Interpreting the Child ’ s Right to Identity in the U.N Convention on the Rights of the Child Family Law Quarterly, 26(3), 221 233 http://www.jstor.or2/stablc/25739908
According to Article 7 of the Convention, every child must be registered immediately after birth and has the inherent right to a name and nationality Additionally, children have the right to know and be cared for by their parents, whenever possible.
Rachel Hodgkin and Peter Newell 2022, Implementation handbook for the Convention on the Rights of the Child, htt ps://digitallibrary.un.org/record/488256
States Parties commit to honoring the child's right to maintain their identity, which encompasses nationality, name, and family relationships, as legally recognized, free from unlawful interference.
2 Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity."
- The Convention on the Rights of the Child
The Convention on the Rights of the Child is the first international agreement to explicitly address children's right to know their origins, with Article 7 and Article 8 being the key provisions on this matter Article 7 emphasizes the child's right to know their parents, while Article 8 ensures the preservation of their identity.
Every child has the right to immediate registration after birth, including the rights to a name and nationality A significant aspect of this is the child's right to know and be cared for by their parents, which emphasizes the importance of recognizing their origins The term "parents" encompasses both legal and biological parents, highlighting the child's connection to their lineage.
The phrase "as far as possible" emphasizes the importance of facilitating a child's access to their rightful benefits Additionally, Article 8 of the Convention safeguards the child's right to know their parents and maintain those essential relationships.
“I States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name, and family relations, as recognized by law without unlawful interference.
2 Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection with a view to re-establishing his or her identity."^
Article 8 clarifies the concept of identity, emphasizing three key aspects: nationality, name, and family relations, similar to Article 7 The term "elements of his or her identity" encompasses broader factors, including personal history, ethnicity, culture, religion, language, appearance, abilities, and inclinations Protecting individuals' inherent rights from birth involves two main factors: the right to know and shape one's identity for those conceived legally, and the obligation of others to respect established conventions States can support this process through passive means, such as non-interference or denial of access to genetic origins, or through active measures, like enacting laws that facilitate access to information for self-identification.
49 DOUGLAS HODGSON August 1993 THE INTERNATIONAL LEGAL PROTECTION OE THE CHILD’ S RIGHT TO A LEGAL IDENTITY AND THE PROBLEM OF STATELESSNESS International Journal of
Law Policy and the Family ht tps://doi.Org/10.1093/lawfam / 7.2.255
The United Kingdom has been a leader in addressing the rights of children conceived through sperm, egg, or embryo donation, emphasizing their welfare and the importance of understanding their genetic heritage This focus on access to information about origins predates the Human Rights Act of 1998, highlighting the country's commitment to ensuring that donor-conceived children can know their biological backgrounds.
Children conceived through assisted reproductive methods often rely on the decisions of authorities or their legal guardians to learn about their origins This lack of access to genetic information can lead to discrimination and identity crises, as these children may struggle with their sense of self without knowledge of their biological parents Consequently, existing laws aim to eliminate anonymous donations, emphasizing the importance of providing children with the opportunity to access their genetic heritage.
The perspective on the legalization of the right to know one’s origins for
individuals conceived through donation methods worldwide
2.2.1 The global trend towards the legalization of the right to ascertain the origins of individuals born through donation methods
The global movement towards legalizing the right to know the origins of individuals conceived through assisted reproductive technologies is gaining momentum This initiative aims to establish a robust legal framework that safeguards the rights of donors, recipients, and especially the children born from these donations While several countries are beginning to recognize and integrate the right to determine one's origins into their legal systems, the overall progress in eliminating donor anonymity remains limited, with less than 10% of countries worldwide adopting such regulations, predominantly in North America, Europe, and Australia.
Several European countries are at the forefront of legalizing the abolishment of donor anonymity regulations, prompting a call for similar changes across the European Union This movement is influencing neighboring countries and has global implications In the UK and the Netherlands, there is a growing awareness and demand for the right to know the origins of children conceived through assisted reproductive technologies As individuals advocate for these changes, the balance between human rights and privacy remains a significant concern for both lawmakers and the public.
Cultural, customary, and traditional differences across countries, along with variations in medical advancements and governance, have led to ongoing debates about rights Within the European Union, the potential for abolishing donor anonymity requires a lengthy developmental process The sensitive nature of this issue makes mandatory legalization particularly challenging, as it involves conflicting views on rights, interests, and religious beliefs.
In Asia and Africa, the absence of favorable conditions akin to Europe, which is known as the birthplace of human rights, presents significant challenges for the development of awareness and the establishment of rights The lack of progressive political systems and cultural exchange platforms hinders the legalization of the right to determine one's origins in these regions Nevertheless, there is potential for future progress in this area due to specific regional characteristics that may facilitate the advancement of this right.
The recognition of human rights, particularly the right to know the origins of offspring conceived through artificial insemination, is gaining traction globally Increasingly, forums and debates surrounding the legalization of this right are taking place in various countries, including South Africa, Nigeria, China, South Korea, Japan, Thailand, Singapore, and Vietnam This growing awareness is paving the way for potential disclosure of donor identities in certain regions.
50 Nneka Ihuoma Okafor Chioma Clementina, o (2023) 7 will shed and waste it after all': Knowledge about egg donation among egg donors in selected health facilities in Southeast Nigeria I Chioma Clementina Odo I
NIGERIAN JOURNAL OF AFRICAN STUDIES (NJAS) Nigerian Journals Online (Academic Online Journals) https://www.nigerianjournalsonline.com/index.php/NJAS/arlicle/view/3783
The lack of legislation concerning sperm and oocyte donation in Japan has significant implications for donors, parents, and individuals conceived through these donations This absence of legal framework raises ethical concerns and affects the rights and responsibilities of all parties involved The article by Hibino and Allan (2020) discusses these impacts in detail, highlighting the need for regulatory measures to protect the interests of donors and recipients, as well as to ensure the welfare of children born from such donations.
52 Heng BC Taiwan (Republic of China) legitimizes substantial financial remuneration of oocyte donors: implications for reproductive tourism in East Asia Expert Rev Obstet Gynecol 2007 ;2(5):545-547.
The legalization of gamete donation is not a recent development, as Taiwan has recognized it since the 2007 enactment of the Artificial Reproduction Act, which ensures donor anonymity and protects privacy rights Individuals receiving donations can consult state authorities to prevent consanguineous marriages, safeguarding the integrity of familial relationships In Vietnam, however, the debate over donor anonymity has gained traction, with research emphasizing offspring's right to know their biological parents Notably, Nguyen Thi Lan's 2016 article in the Journal of Law examines the legal implications of in vitro fertilization, highlighting the need for rationality in the application of Decree No 10/2015/NĐ-CP and suggesting reforms to clarify parent-child relationships established through assisted reproductive technologies.
The article "Child from the Sperm of a Deceased Husband from a Legal Perspective," published in the Journal of Legal Profession (Issue 4), examines the legal complexities surrounding a wife's use of her deceased husband's sperm to conceive a child Authored by Ms Ngo Thi Anh Van in 2023, the thesis offers a comprehensive analysis of Vietnam's legal framework regarding the protection of children conceived through assisted reproductive technologies, highlighting the need for clear legal guidelines in such sensitive cases.
The global movement towards eliminating donor anonymity is gaining momentum, albeit gradually, as it varies by region This trend is particularly emerging in Europe and is anticipated to extend to other continents, driven by cultural exchanges, heightened awareness, and advancements in science and technology.
The incorporation of the right to determine the origin of offspring conceived through assisted reproductive techniques, along with regulations eliminating donor anonymity, has sparked extensive debates globally Critics argue that this right poses negative implications for society and infringes on the interests of donors They present several key arguments to support their stance.
Most donors do not intend to take legal responsibility for children conceived from their donations, seeking to protect themselves and their families from such obligations While some donors empathize with the desire for offspring to know their origins, they believe that the right to privacy concerning their personal and family information should take precedence.
55 Lou Slina Bollerup(2023) Experiences and altitudes of Danish men who were sperm donors more than 10 years ago; a qualitative interview study PloS one 18 eO28IO22 10.1371/journal.pone.028l022.
Transparency in donor information can significantly reduce participation in donation programs For instance, in Sweden, the 1985 regulations that removed donor anonymity resulted in a dramatic decrease in sperm donors, plummeting from 200 new donors annually to just 30.
1 988.54 Similarly, in Australia, when the guidelines of the NHMRC came into effect in
Since 2005, sperm donor numbers have plummeted from over 100 to fewer than 30, a trend mirrored in the United Kingdom, where a shift from anonymous to identity-disclosed donations led to a decline from 939 donors in 2004 to 711 in 2007 This prohibition of donor anonymity in various countries has significantly contributed to the sharp decrease in sperm donations.
55 Adams Damian (2016) Does the removal of anonymity reduce sperm donors in Australia? Journal of law and medicine 23 628.
The opposing group argues that eliminating donor anonymity in assisted reproductive technologies will incur significant costs for both the state and society These expenses encompass incentives and compensation for donors, as well as the implementation of complex and costly reproductive technologies Furthermore, there will be financial implications related to the creation and upkeep of registries or databases for monitoring information, alongside the need for counseling and support services for donors and their families Statistics indicate that, in the United States, donors who choose to forgo their anonymity typically demand an average payment.
$124.21 Therefore, the elimination of anonymity would result in a significant increase in estimated costs.
Many legal parents prefer not to disclose to their children that they were conceived through donation and the identities of their biological parents Their concerns stem from a desire to prevent feelings of estrangement in their children and to protect the family dynamic from potential intrusions by third parties Additionally, these parents worry about the emotional impact on their child upon learning about their conception using donor gametes, which motivates them to keep this significant information hidden.
Practice and law' on the right to know' origins in some countries
The right to know the origin of individuals born through donation has led to diverse legal frameworks worldwide, with some countries mandating the disclosure of donor information while others prioritize privacy This issue remains contentious, as each nation must navigate its cultural values and regulations to determine its stance Striking a balance between protecting privacy and autonomy rights and safeguarding the rights and well-being of future generations is crucial in this ongoing debate.
To provide a comprehensive understanding of this issue from various legal perspectives and the diversity across countries and territories, we will present certain laws and regulations from selected countries.
2.3.1 Regulations in countries have legalized the right to know origin
Some believe that anonymous sperm and organ donation can harm offspring, advocating for mandatory disclosure of donor information The Family and Child Relationships Act (2015) in Ireland supports this view by establishing a national register that enables children conceived through donation to access donor information When requesting their birth certificate, these children will be informed of their donor-conceived status, ensuring they are aware of their genetic origins, regardless of whether their parents have previously disclosed this information.
On May 18, 2017, the German Parliament enacted the Act on Regulation of the Right to Know regarding the use of non-anonymous sperm, allowing children born from 2018 onward to access information about their sperm donors This legislation mandates the creation of a registry containing identifying details such as the donor's name, address, nationality, and place of birth Children conceived through donor sperm can request this information upon turning 16, while parents may obtain it on behalf of their younger children.
16 The donor database will be stored at the Deutsches Institut fur Medizinische Dokumentation und Information - DIMDI for a period of 110 years, after which it will be deleted.58 Donors will be asked to sign consent forms explaining the new rights and regulations. ss Gesetz zur Regelung des Rechts auf Kenntnis der Abstammung bei helerologer Verwendung von Samen. hltps:// www.bgbl.de/xaver/bgbl/start.xav?starlbk=Bundesanzeiger_BGBl&- jumpTo=bgblll7s2513.pdf#_bgbl_%2F%2F*%5B%40attrJd%3D%27bgblll7s2513.pdf%27%5D_153551
59 Patel R (2017) Donor anonymity comes to an end in Victoria, Australia • PET Progress Educational Trust. https://www.progress.org.uk/donor-anonyniity-comes-to-an-end-in-victoria-australiii/
Countries that have legalized the right to know one's origin have also addressed donor anonymity in their legal frameworks In the United Kingdom, Article 7 of the Convention on the Rights of the Child safeguards donor rights, stipulating that individuals must be recognized as legal parents under national law However, those conceived through donation and advocacy groups have raised concerns about the lack of access to genetic information, citing potential negative effects on health, emotions, and identity formation Due to pressure from Europe and the enforcement of the Human Rights Act 1998, amendments were made in 2002 to enhance transparency regarding donor identities As a result, since 2005, children have been granted the right to know their origin, balancing this right with the interests of donors.
In 2016, Australia became the first country to end anonymous donation with the enactment of the Assisted Reproductive Treatment Act 2015, effective March 1, 2017 This legislation allows children conceived through donor assistance and the donors themselves to access information through a donation registry agency.
In Australia, several states, including Victoria, New South Wales, and Western Australia, have implemented changes to their regulations regarding donor-conceived individuals prior to official government regulations Victoria was a pioneer in 1988, becoming one of the first jurisdictions globally to grant donor-conceived individuals the right to access donor information, establishing a conception register to document details about these children and their donors For over 30 years, the Victorian Assisted Reproductive Treatment Authority has maintained records of approximately 3,200 sperm and egg donors, including those who donated before 1998 In New South Wales, since 2010, legislation mandates that sperm donors consent to the disclosure of their identity to donor-conceived children upon request once they reach adulthood Additionally, the New South Wales Ministry of Health has initiated a voluntary gamete donor register as part of a public awareness campaign.
In Western Australia, on December 1, 2004, the Human Reproductive Technology Act
1991 was amended to allow donor-conceived individuals the right to access identifying information about their donors and effectively eliminate anonymity.62
60 Johnson L (2019), “Removing donor anonymity retrospectively in Victoria, Australia — two years on", co mment, https://www.progress.org.uk/removing-donor-anonymity-retrospectively-in-victoria-australia-ae-two- years-on/
61 Assisted Reproductive Technology Act 2007 (NSW) amended 2010.
Donor-conceived individuals aged 18 and older have the right to request identifying information about their gamete or embryo donor by applying to the Reproductive Technology Council.
63 SFS 2006:351, Chapter 6 subparagraph 5 (Fertilization); Chapter 7 subsection 7 (In vitro fertilization).
In Sweden, legislation mandates that sperm donors' identities be preserved and disclosed to donor-conceived individuals upon their reaching adulthood (18 years old), should they wish to know This approach aligns with the belief that the right to know one's genetic origins, as outlined in the Convention on the Rights of the Child (CRC), extends to children conceived through donation The Government Bill endorsing the CRC explicitly addresses the rights of donor-conceived children to access information about their donors, affirming Sweden's commitment to fulfilling its obligations under Article 7 regarding the right to know one's parents.
Section 4 of the Law on Assisted Conception prior to the country's ratification of the Convention.65 The Bill even goes further to explain why the right of the child to know information about the donor under Swedish law is qualified by the requirement of reaching the age of majority The law also specifies that this limitation is made in the best interests of the child and is in accordance with Article 7 of the Convention.66
65 Bill 1989/90:107, page 36 Corresponding provisions of the Genetic Integrity Act, Chapter 6, subsection 5 (Fertilization); Chapter 7, subsection 7 (In vitro fertilization).
67 Adopted Child's right to information as to biological Parents I Stimmel Law (n.d.) hltps://www.stimmel- law.com/en/articles/adopted-childs-right-information-biological-parents
Sperm donor anonymity is increasingly being questioned, as legal and societal norms evolve The FDA mandates specific regulations for sperm donation, which can lead to donors being identified, potentially resulting in numerous half-siblings This shift raises important discussions about the rights of donors, recipients, and offspring in the context of reproductive technology.
By recognizing the right to know one's origins, these countries have showcased their understanding of the significance of self-awareness, familial connections, and cultural heritage This legal acknowledgment empowers adoptees and individuals seeking their roots to delve into and establish meaningful links with their past.
2.3.2 Countries have territories that partially legalize the right to know origin
Some countries have established a uniform legal framework that guarantees individuals the right to know their genetic origins, while others, like the United States, have inconsistent regulations that affect children's access to this information.
In Alabama and Colorado, registry agencies have been created to offer a 'contact preference form' for biological parents This form allows parents to voluntarily provide their contact information and decide if they wish to be contacted by their adoptive or biological child upon the child's reaching adulthood.
In the United States, significant legislative changes have been made regarding the rights of individuals conceived through donor conception In July 2011, Washington state enacted a law recognizing these rights, allowing donor-conceived individuals to access identifying information and medical histories of their biological parents from reproductive clinics While donors can choose to remain anonymous, children still have the right to their medical history Following Washington's lead, California implemented a similar law in October 2019, effective January 2020, requiring donor identification details from egg and sperm banks Rhode Island also adopted a similar law in 2020, adding a provision for donors to be notified if a recipient requests identity disclosure In 2022, Connecticut expanded these rights further, ensuring that donor-conceived individuals or their parents can access undisclosed medical information, regardless of the donor's consent for identity disclosure.
69 Mariwala, T (2004 January 8) Anonymous Egg Donation Laws in the US and Abroad Cofertility. https://www.coferliliiy.coni/faniily-learn/anonynious-egg-donaiion-laws-in-the-us-and-abroad