The Myth of 'Anonymous' Gamete Donation in the Age of Direct-to-Consumer Genetic Testing

Abstract

The United States has long had a history of allowing anonymous gamete donation. Even as other countries have embraced a trend towards donor-conceived children receiving open access to information about their genetic origins, donor anonymity is the norm in the United States. The vast majority of sperm donors in the United States sell their sperm with the understanding that their identity will not be revealed. In one study, almost one third of current donors indicated that they would no longer sell their sperm if anonymity was not preserved.However, this so-called anonymity is merely a facade given the increasingly widespread use of direct-to-consumer (“DTC”) genetic testing. This chapter describes why gamete donor anonymity is a myth and how claiming such anonymity is harmful to both donors and those who use donor gametes. This chapter proceeds as follows: Part II of this chapter discusses how consumer genetic testing has overturned the promise of gamete donor anonymity. Part III describes the history and state of sperm donation in the United States, as well as the reasons often given for preserving donor anonymity by donors, those who use donor sperm, and sperm banks. This Part also discusses the business of so-called donation. Part IV provides the legal and governance landscape for sperm banks and sperm donations in the United States. Part V suggests that at a minimum, sperm banks and the assisted reproduction industry should address the anonymity issue with vigorous self-policing.