Regulating Sperm Donation: Why Requiring Exposed Donation is Not the Answer

I. INTRODUCTION Each year, more than 25,000 children are born in the United States as the result of artificial insemination, (1) one of the most common forms of assisted reproductive technology (ART). (2) Donated sperm is usually the crucial element in artificial insemination, (3) and most sperm is donated anonymously in one of the two dozen commercial sperm banks in this country. (4) Presently, there is a serious lack of meaningful regulation over and accountability on the part of sperm banks, and the current system has many flaws. These include incomplete medical histories for the donor-conceived child, a risk of consanguinity for the child, and uncertainty about donor privacy. (5) Because of these flaws, some countries and states have, or are considering, legislation that would institute a non-anonymous donation (6) (referred to as "exposed donation" throughout this article) regime. This is a faulty solution because it would cause scarcity of donated sperm and other harms to each of the parties involved in the process. (7) This article argues that the harms of abolishing anonymity in sperm donation far outweigh any potential benefits; thus states should reaffirm donor anonymity and institute the changes proposed in Part V.