Provision




A sperm donor may donate sperm privately or through a sperm bank, sperm agency, or other brokerage arrangement. Donations from private donors are most commonly carried out using artificial insemination.

Generally, a male who provides sperm as a sperm donor gives up all legal and other rights over the biological children produced from his sperm. Private arrangements may permit some degree of co-parenting although this will not strictly be 'sperm donation', and the enforceability of those agreements varies by jurisdiction.

Donors may or may not be paid, according to local laws and agreed arrangements. Even in unpaid arrangements, expenses are often reimbursed. Depending on local law and on private arrangements, men may donate anonymously or agree to provide identifying information to their offspring in the future. Private donations facilitated by an agency often use a "directed" donor, when a male directs that his sperm is to be used by a specific person. Non-anonymous donors are also called "known donors", "open donors" or "identity disclosure donors".

A review of surveys among donors came to the results that the media and advertising are most efficient in attracting donors, and that the internet is becoming increasingly important in this purpose. Recruitment via couples with infertility problems in the social environment of the sperm donor does not seem to be important in recruitment overall.

Sperm banksedit

A sperm donor will usually donate sperm to a sperm bank under a contract, which typically specifies the period during which the donor will be required to produce sperm, which generally ranges from six to 24 months depending on the number of pregnancies which the sperm bank intends to produce from the donor. If a sperm bank has access to world markets e.g. by direct sales, or sales to clinics outside their own jurisdiction, a male may donate for a longer period than two years, as the risk of consanguinity is reduced (although local laws vary widely).

The contract may also specify the place and hours for donation, a requirement to notify the sperm bank in the case of acquiring a sexual infection, and the requirement not to have intercourse or to masturbate for a period of usually 2–3 days before making a donation.

Sperm provided by a sperm bank will be produced by a donor attending at the sperm bank's premises in order to ascertain the donor's identity on every occasion. The donor masturbates to provide an ejaculate or by the use of an electrical stimulator, although a special condom, known as a collection condom, may be used to collect the semen during sexual intercourse. The ejaculate is collected in a small container, which is usually extended with chemicals in order to provide a number of vials, each of which would be used for separate inseminations. The sperm is frozen and quarantined, usually for a period of six months, and the donor is re-tested prior to the sperm being used for artificial insemination.

The frozen vials will then be sold directly to a recipient or through a medical practitioner or fertility center and they will be used in fertility treatments. Where a woman becomes pregnant by a donor, that pregnancy and the subsequent birth must normally be reported to the sperm bank so that it may maintain a record of the number of pregnancies produced from each donor.

Sperm agenciesedit

In some jurisdictions, sperm may be donated through an agency. The agency may recruit donors, usually via the Internet. Donors may undergo the same kind of checks and tests required by a sperm bank, although clinics and agencies are not necessarily subject to the same regulatory regimes. In the case of an agency, the sperm will be supplied to the recipient female fresh rather than frozen.

A female chooses a donor and notifies the agency when she requires donations. The agency notifies the donor who must supply his sperm on the appropriate days nominated by the recipient. The agency will usually provide the sperm donor with a male collection kit usually including a collection condom and a container for shipping the sperm. This is collected and delivered by courier and the female uses the donor's sperm to inseminate herself, typically without medical supervision. This process preserves anonymity and enables a donor to produce sperm in the privacy of his own home. A donor will generally produce samples once or twice during a recipient's fertile period, but a second sample each time may not have the same fecundity of the first sample because it is produced too soon after the first one. Pregnancy rates by this method vary more than those achieved by sperm banks or fertility clinics. Transit times may vary and these have a significant effect on sperm viability so that if a donor is not located near to a recipient female the sperm may deteriorate. However, the use of fresh, as opposed to frozen, semen will mean that a sample has a greater fecundity and can produce higher pregnancy rates.

Sperm agencies may impose limits on the number of pregnancies achieved from each donor, but in practice this is more difficult to achieve than for sperm banks where the whole process may be more regulated. Most sperm donors only donate for a limited period, however, and since sperm supplied by a sperm agency is not processed into a number of different vials, there is a practical limit on the number of pregnancies which are usually produced in this way. A sperm agency will, for the same reason, be less likely than a sperm bank to enable a female to have subsequent children by the same donor.

Sperm agencies are largely unregulated and, because the sperm is not quarantined, may carry sexually transmitted diseases. This lack of regulation has led to authorities in some jurisdictions bringing legal action against sperm agencies. Agencies typically insist on STI testing for donors, but such tests cannot detect recent infections. Donors providing sperm in this way may not be protected by laws which apply to donations through a sperm bank or fertility clinic and will, if traced, be regarded as the legal father of each child produced.

Private or "directed" donationsedit

Couples or individuals who need insemination by a third-party may seek assistance privately and directly from a friend or family member, or may obtain a "private" or "directed" donation by advertising or through a broker. A number of web sites seek to link recipients with sperm donors, while advertisements in gay and lesbian publications are common.

Recipients may already know the donor, or if arranged through a broker, the donor may meet the recipients and become known to them. Some brokers facilitate contact that maintains semi-anonymous identities for legal reasons. Where a private or directed donation is used, sperm need not be frozen.

Private donations may be free of charge - avoiding the significant costs of a more medicalised insemination - and fresh rather than frozen semen is generally deemed to increase the chances of pregnancy. However, they also carry higher risks associated with unscreened sexual or body fluid contact. Legal treatment of donors varies across jurisdictions, and in most jurisdictions (e.g., Sweden) personal and directed donors lack legal safeguards that may be available to anonymous donors. However, the laws of some countries (e.g., New Zealand) recognize written agreements between donors and recipients in a similar way to donations through a sperm bank.

Kits are available, usually on-line, for artificial insemination for private donor use, and these kits generally include a collection pot, a syringe, ovulation tests and pregnancy tests. A vaginal speculum and a soft cup may also be used. STI testing kits are also available but these only produce a 'snap-shot' result and, since sperm will not be frozen and quarantined, there will be risks associated with it.citation needed

Natural inseminationedit

Insemination through sexual intercourse is known as natural insemination (NI). Where natural insemination is carried out by a person who is not the woman's usual sexual partner, and in circumstances where the express intention is to secure a pregnancy, this may be referred to as 'sperm donation by natural insemination'.

Traditionally, a woman who becomes pregnant through natural insemination has always had a legal right to claim child support from the donor and the donor a legal right to the custody of the child. Conceiving through natural insemination is considered a natural process, so the biological father has also been seen as the legal and social father and was liable for child support and custody rights of the child.

The law therefore made a fine distinction based on the method of conception: the biological relationship between the father and the child and the reason for the pregnancy having been achieved will be the same whether the child was conceived naturally or by artificial means, but the legal position has been different. In some countries and in some situations, sperm donors may be legally liable for any child they produce, but with NI the legal risk of paternity for a donor has always been absolute. Natural insemination donors will therefore often donate without revealing their identity.

A case in 2019 in the Canadian province of Ontario has, however thrown doubt on this position. That case held that where the parties agreed in advance of the conception that the resulting child would not be the legal responsibility of the man, the courts would uphold that agreement. The court held that the method of conception was irrelevant: it was the purpose of it which mattered. Where an artificial means of conception is used, the reproductive integrity of the recipient woman will not be preserved, and the purpose of preserving sexual integrity by employing artificial means of insemination will not over-ride this effect.

Some private sperm donors offer both natural and artificial insemination, or they may offer natural insemination after attempts to achieve conception by artificial insemination have failed. Many sperm donors are influenced by the fact that a woman who is not the donor's usual sexual partner will carry his child whatever the means of conception, and that for this reason, the actual method of insemination is irrelevant. Women may seek natural insemination for various reasons including the desire by them for a "natural" conception.

Natural insemination by a donor usually avoids the need for costly medical procedures that may require the intervention of third parties. It may lack some of the safety precautions and screenings usually built into the artificial insemination process but proponents claim that it produces higher pregnancy rates. A more 'natural' conception does not involve the intervention and intrusion of third parties. However, it has not been medically proved that natural insemination has an increased chance of pregnancy.

NI is generally only carried out at the female's fertile time, as with other methods of insemination, in order to achieve the best chances of a pregnancy.

A variation of NI is PI, or partial intercourse, where penetration by the donor takes place immediately before ejaculation, thus avoiding prolonged physical contact between the parties.

Because NI is an essentially private matter, the extent of its popularity is unknown. However, private on-line advertisements and social media comments indicate that it is increasingly used as a means of sperm donation.

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