Regulating Gamete Donation in the U.S.: Ethical, Legal and Social Implications.

Maya Sabatello

doi:10.3390/laws4030352

Abstract

This article explores the practice of gamete donation in the U.S. having in mind the larger question of what do we as a society owe children born as a result (donor-conceived children). Do recipient-parents have a duty to tell their donor-conceived child about his/her genetic origins? Should the identity of the donor be disclosed or remain anonymous? Does the child have a right to know her conception story and to receive information, including identifying information, about the donor? Furthermore, if a donor-conceived child has a right to know, who has the duty to tell her/him about it? The Article underscores the ethical, legal and social dilemmas that arise, comparing and contrasting with international developments in this arena. It highlights the market-based and more specific medical justifications for regulating this field, explores the emerging so-called right of the child to know his/her genetic origins (“the right to know”), and considers the challenges such a right evokes to existing legal culture and principles of medical ethics in the U.S. as well as other broader societal implications of such a right.

Highlights

The practice of gamete donation has received growing attention in the past two decades
The regulation of private fertility clinics and gamete banks by individual states is often lacking, and among those that have crafted regulations—there is great variation as to the collection, preservation, and release of donors’ information [5,19]. Given this stark difference between the U.S and other developed, Western countries and their regulations of gamete donation, it is important to consider the justifications for this emerging international trend and its relevance to the U.S, as well as what implications such a change would entail for current principles of medical ethics
This paper aims to explore this issue, having in mind the larger question of what we, as a society, owe children born as a result of ART, especially from gamete donation

Summary

Introduction

The practice of gamete donation has received growing attention in the past two decades. The regulation of private fertility clinics and gamete banks by individual states is often lacking, and among those that have crafted regulations—there is great variation as to the collection, preservation, and release of donors’ information [5,19] Given this stark difference between the U.S and other developed, Western countries and their regulations of gamete donation, it is important to consider the justifications for this emerging international trend and its relevance to the U.S, as well as what implications such a change would entail for current principles of medical ethics. This paper aims to explore this issue, having in mind the larger question of what we, as a society, owe children born as a result of ART, especially from gamete donation It endeavors to underscore the arising ethical, legal, and social dilemmas, rather than provide a comprehensive legal framework, which is beyond the scope of this article.

Gamete Donation in Context

Broader Social Implications

Conclusions