Laws




A sperm donor is generally not intended to be the legal or de jure father of a child produced from his sperm. The law may however, make implications in relation to legal fatherhood or the absence of a father. The law may also govern the fertility process through sperm donation in a fertility clinic. It may make provision as to whether a sperm donor may be anonymous or not, and it might give an adult donor conceived offspring the right to trace his or her biological father. In the past it was considered that the method of insemination was crucial to determining the legal responsibility of the male as the father. A recent case (see below 'Natural Insemination') has held that it is the purpose, rather than the method of insemination which will determine responsibility. Laws regulating sperm donation address issues such as permissible reimbursement or payment to sperm donors, rights and responsibilities of the donor towards his biological offspring, the child's right to know his/her father's identity, and procedural issues. Laws vary greatly from jurisdiction to jurisdiction. In general, laws are more likely to disregard the sperm donor's biological link to the child, so that he will neither have child support obligations nor rights to the child. In the absence of specific legal protection, courts may order a sperm donor to pay child support or recognize his parental rights, and will invariably do so where the insemination is carried out by natural, as opposed to artificial means.

Laws in many jurisdictions limit the number of offspring that a sperm donor can give rise to, and who may be a recipient of donor sperm.

Lawsuit over donor qualificationedit

In 2017, a lawsuit was brought in U.S. District Court for the Northern District of Illinois regarding autism diagnoses among multiple offspring of Donor-H898. The suit asserts that false information was presented regarding a donor who should not have been considered an appropriate candidate for a sperm donation program because of a diagnosis of ADHD. Reportedly, the situation is being studied by some of the world's foremost experts in the genetics of autism because of the numbers of his offspring being diagnosed with autism.

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