Artificial insemination is the method in which sperm from a man is artificially administered to the reproductive tract of a woman for the purpose of impregnation. A physician uses a catheter to put the sperm directly into the reproductive canal of the woman just before ovulation, creating a higher chance for conception. Artificial insemination is one of the easiest and simplest ways to treat infertility, and can either be used with the husband's sperm or with donor sperm.
Anonymous Sperm Donation
Anonymous sperm donation is the most common type of donation to sperm banks. In volume 16 of the Duke Journal of Gender Law & Policy (2009), Vanessa Pi states that there is lack of meaningful government oversight when it comes to anonymous sperm donation. There is no monitoring of the number of live births per donor, and no ability for the donor to contact children conceived if he discovers he has a genetic disease later in life. There is a law, the Uniform Parentage Act (UPA), which allows access to donor files via court order. Certain states have similar laws and many are in the process of passing laws like this at the state level. When donors go through sperm donation clinics, legally the donor is not liable for children born via artificial insemination and has no legal responsibility for his offspring. The donor cannot sue at a later time for parental rights. Sperm donation clinics are regulated by the FDA and have donor screening, quality checks and record-keeping rules to follow. The FDA requires that donors be tested for HIV and hepatitis, and the state of California makes it a felony for a person who knows he has HIV or AIDS to donate sperm to a sperm bank. Certain states regulate that artificial insemination must be done under the supervision of a licensed physician. The parent-child relationship is regulated by most states by setting a standard as to who the legal parents are of a child conceived through artificial insemination, and considers the married woman's husband the legal father of the child resulting from sperm donation.
Non-Anonymous Sperm Donation
Non-anonymous sperm donation is when the sperm donor is known by the recipient. This type of donor is usually the husband or partner of the woman seeking artificial insemination. If a woman seeks a sperm donation through an acquaintance or friend without the use of a sperm donation clinic, the man may be legally liable for his offspring. The Uniform Parentage Act (UPA) considers the married woman's husband the legal father of a child resulting from sperm donation, whether it is his sperm or not. If the donor is the husband or partner of the woman going through artificial insemination, testing and rules governing artificial insemination do not apply.
Future Trends
States are moving away from regulations and laws to keep donor anonymity for sperm donors and recent bills asking to list the donor's identity in the medical history of the mother are being considered. In volume 16 of the Duke Journal of Gender Law & Policy (2009), Vanessa Pi states that recently the state of Michigan made a proposal to have donor clinics sign a contract authorizing the clinic to reveal the donor's identity to a child conceived through artificial insemination.
