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Anonymous
donation assumed children would never know. Long before Parliament
sanctioned anonymous donation, doctors recruiting sperm donors offered
them anonymity. They saw this as a simple contract between the donor
and the potential parents where the doctor acted as broker. All
parties would want secrecy because of the perceived stigma of infertility
and the presumed desire of the donor for lack of legal/financial
or other involvement. No one thought about the effect on or the
rights of the people so conceived because it was assumed they would
never know the truth about their origins. Now that people conceived
through donor insemination will in growing numbers know about their
origins, either because their parents tell them or because they
take advantage of their right to consult the HFEA register, the
assumption underlying the offer to donors and parents of anonymity
is no longer valid. We have a changed world.
The
Donor Conception Network contains members with a spectrum of views
on the issue of the lifting of donor anonymity, and what follows
is our own personal view. Donation is a responsible act - with lifelong
consequences Gamete donation is a responsible act. It carries great
responsibilities. It has long term consequences. The fact that a
donor is or may be acting altruistically to help others does not
diminish the responsibility. If a donor has been wilfully careless
about his or her medical history and a child is born with an inherited
disability, that person can sue the donor, regardless of the donor's
motives. Not just an event that can be forgotten A donor will have
a special and indisputable link to any person born as a result of
his or her donation. A donor is not merely helping a childless couple
to conceive a longed for baby, but assisting in the creation of
a person who will become first a young child, then a teenager, then
a young adult, and eventually a parent and grandparent. Gamete donation
is not just an event that happens and is then over and can be forgotten
about. It is a process that has a lifelong effect on the families
involved - on the present or future family of the donor, on the
recipient family, and that of the person born. This lifelong responsibility
does not of course include parenting the child or financial responsibility.
Comparison
with adoption The person born and his or her family will have the
same needs as other individuals and their families. That range of
needs may include the need to know about their genetic history.
It was once believed that adopted people would not want or need
information about their birth parents. We now know that it is normal
and healthy for adopted people to want access to information about
their genetic origins, and the law has given them that right, whether
they decide to make use of it or not. Most do not, but depriving
them of the right was seen as unjust. Similarly it can be expected
that a minority of those people conceived with the assistance of
donor gametes will want to access to origins information.
What
justifies relieving donors of accountability for their actions?
The general rule is that people are morally and legally accountable
for the consequences of actions for which they bear responsibility.
Although anonymous donation of sperm has grown to be the norm, there
are few if any other examples of responsible acts that carry long
term consequences involving other people where the responsible party
is guaranteed anonymity for life and almost total absolution from
that responsibility.
So
the right question to be asked is why donors need or seek anonymity
and how it can be justified. In the ethical debate the onus is on
those who seek to maintain anonymity as to how they can justify
it.
Would donors refuse to donate?
It is often said that without anonymity donors would never donate.
If this were indisputably true, it would at least be the beginning
of a justification. But there is some suspicion that, just as it
was said that payment to donors was essential to recruitment, the
truer statement is that it is more difficult, more time consuming
and more resource intensive to recruit donors who are willing to
be identified and do not want to be paid. But it is difficult to
distinguish cause and effect. Donors attracted by the escape from
responsibility offered by anonymity may be encouraged to think less
responsibly.
Should
donors who cannot cope with consequences be donating? If potential
donors do not want to accept the long term consequences of their
donation, is this because they are currently encouraged to think
this way - that their act is a simple, uncomplicated and unconnected
one with no consequences? Are they told that many of the people
born from their gametes both will know that they have been conceived
in this way, and also that they may one day feel a strong need find
out about them? Or are they constantly assured that their act, while
helping others, carries no long term consequences. Little is reported
in the research about the attitudes and feelings of donors. Most
are still students and people in low paid employment doing it for
the money. Many keep the fact of their donation a secret from those
close to them - their parents and friends, a sure indicator that
they see this as having nothing to do with others. How will these
donors feel when they have children of their own? Potential donors
who cannot cope with the possibility of long term consequences,
should not be donating. Donors should instead be recruited from
among those who have already had at least one child, and can understand
what a parent/child relationship is like, and are prepared for their
identities to be known to the people conceived as a result of their
gamete donations.
Changing
the culture of donor recruitment will take some time and we will
not arrive there overnight. We must avoid turning donor insemination
from what is currently a safe procedure carried out under regulated
conditions into a back-street underground trade. But respect for
the autonomy of those born as a result of conception with donated
gametes will lead us to a changed world in which lying, deceit and
secrets have no part.
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