History

In 1884, Professor William Pancoast of Philadelphia's Jefferson Medical College performed an insemination on the wife of a sterile Quaker merchant, which may be the first insemination procedure that resulted in the birth of a child. Instead of taking the sperm from the husband, the professor chloroformed the woman, then let his medical students vote which one of among them was "best looking", with that elected one providing the sperm that was then syringed into her cervix. At the husband's request, his wife was never told how she became pregnant. As a result of this experiment, the merchant's wife gave birth to a son, who became the first known child by donor insemination. The case was not revealed until 1909, when a letter by Addison Davis Hard appeared in the American journal Medical World, highlighting the procedure.

Since then, a few doctors began to perform private donor insemination. Such procedures were regarded as intensely private, if not secret, by the parties involved. Records were usually not maintained so that donors could not be identified for paternity proceedings. Technology permitted the use of fresh sperm only, and it is thought that sperm largely came from the doctors and their male staff, although occasionally they would engage private donors who were able to donate on short notice on a regular basis.

In 1945, Mary Barton and others published an article in the British Medical Journal on sperm donation. Barton, a gynecologist, founded a clinic in London which offered artificial insemination using donor sperm for women whose husbands were infertile. This clinic helped conceive 1,500 babies of which Mary Barton's husband, Bertold Weisner, probably fathered about 600.

The first successful human pregnancy using frozen sperm was in 1953.

"Donor insemination remained virtually unknown to the public until 1954". In that year the first comprehensive account of the process was published in The British Medical Journal.

Donor insemination provoked heated public debate. In the United Kingdom, the Archbishop of Canterbury established the first in a long procession of commissions that, over the years, inquired into the practice. It was at first condemned by the Lambeth Conference, which recommended that it be made a criminal offence. A Parliamentary Commission agreed. In Italy, the Pope declared donor insemination a sin, and proposed that anyone using the procedure be sent to prison.

Sperm donation gained popularity in the 1980s and 1990s.

In many western countries, sperm donation is now a largely accepted procedure. In the US and elsewhere, there are a large number of sperm banks. A sperm bank in the US pioneered the use of on-line search catalogues for donor sperm, and these facilities are now widely available on the websites of sperm banks and fertility clinics.

Recent years have also seen sperm donation become relatively less popular among heterosexual couples, who now have access to more sophisticated fertility treatments, and more popular among single women and lesbian couples - whose access to the procedure is relatively new and still prohibited in some jurisdictions.

United Statesedit

In 1954, the Superior Court of Cook County, Illinois granted a husband a divorce because, regardless of the husband's consent, the woman's donor insemination constituted adultery, and that donor insemination was "contrary to public policy and good morals, and considered adultery on the mother's part." The ruling went on to say that, "A child so conceived, was born out of wedlock and therefore illegitimate. As such, it is the child of the mother, and the father has no rights or interest in said child."

However, the following year, Georgia became the first state to pass a statute legitimizing children conceived by donor insemination, on the condition that both the husband and wife consented in advance in writing to the procedure.

In 1973, the Commissioners on Uniform State Laws, and a year later, the American Bar Association, approved the Uniform Parentage Act. This act provides that if a wife is artificially inseminated with donor semen under a physician's supervision, and with her husband's consent, the husband is legally considered the natural father of the donor inseminated child. That law was followed by similar legislation in many states.

United Kingdomedit

In the United Kingdom, the Warnock Committee was formed in July 1982 to consider issues of sperm donation and assisted reproduction techniques. Donor insemination was already available in the UK through unregulated clinics such as BPAS. Many of these clinics had started to offer sperm donation before the widespread use of freezing techniques. 'Fresh sperm' was donated to order by donors at the fertile times of patients requiring treatments. Commonly, infertility of a male partner or sterilisation was a reason for treatment. Donations were anonymous and unregulated.

The Warnock Committee's report was published on July 18, 1984. and led to the passing of the Human Fertilisation and Embryology Act 1990. That act provided for a system of licensing for fertility clinics and procedures. It also provided that, where a male donates sperm at a licensed clinic in the UK and his sperm is used at a UK clinic to impregnate a female, the male is not legally responsible for the resulting child.

The 1990 Act also established a UK central register of donors and donor births to be maintained by the Human Fertilisation and Embryology Authority (the 'HFEA'), a supervisory body established by the Act. Following the Act, for any act of sperm donation through a licensed UK clinic that results in a living child, information on the child and the donor must be recorded on the register. This measure was intended to reduce the risk of consanguinity as well as to enforce the limit on the number of births permitted by each donor. The natural child of any donor has access to non-identifying information about their donor, starting at the child's eighteenth birthday.

The emphasis of the 1990 Act was on protecting the unborn child. However, a general shortage of donor sperm at the end of the 20th century, exacerbated by the announcement of the removal of anonymity in the UK, led to concerns about the excessive use of the sperm of some donors. These concerns centered on the export and exchange of donor sperm with overseas clinics, and also the interpretation of the term 'sibling use' to include donated embryos produced from one sperm donor, and successive births by surrogates using eggs from different women but sperm from the same sperm donor. Donors were informed that up to ten births could be produced from their sperm, but the words 'other than in exceptional circumstances' in the consent form could potentially lead to many more pregnancies. These concerns led to the SEED Report commissioned by the HFEA, which was in turn followed by new legislation and rules meant to protect the interests of donors: When a male donates his sperm through a UK clinic, that sperm is not permitted to give rise to more than ten families total, anywhere in the world.