Ethical and Legal Considerations of Donor Insemination in the United States

Abstract

Donor insemination (DI) for humans was first reported in 1884, when not even the mother of the child conceived was informed that she had been inseminated with the sperm of another man (1). In 1945, Mary Barton, a gynecologist, published an article in the British Medical Journal about her DI program that copied the already established veterinary practice in animal husbandry (2) and was met with outrage and widespread condemnation of the practice. In response to Barton’s article, committees investigating DI generally recommended that it be considered a criminal offense (3). Reasons for rejecting the procedure included religious concerns, fears of eugenic implications, and the association of DI with agriculture (4). Sperm donors were viewed with suspicion, and the technique remained burdened in secrecy for four decades. It was not until the latter half of the 20th century that a rapid growth occurred in the use of DI for family building (5). By 1988, approx 80,000 women per year utilized DI, and more than 30,000 children were born each year in the United States (6). Despite the widespread use of DI, the majority of adults and children conceived are unaware that the person they know as their father is not their genetic parent. Secrecy continues to surround the practice of DI.