The laws about gamete donation vary from state to state, and country by country. Many progressive laws are so restrictive because they consider the best interest of donor conceived children, points raised by the United Nations’ Convention on the Rights of the Child. Australia and New Zealand, for example, have banned anonymous donations. Below are the articles from the Convention on the Rights of the Child that pertain to the rights of donor conceived children.
Article 7
- The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.
*Non-identified gamete donations are unethical. - States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 8
- States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
- Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
*The government has an obligation to assist in maintaining records of donor conception in order to provide donor conceived children with identifying information about their genetic parent.
Article 9
- States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.
*Gamete donation is unethical. - In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.
- States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.
*DCP should have the ability to maintain regular contact with genetic parents. - Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.
*The children or social parents should have contact/location information for the genetic parent(s).
Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
*This is in regards to gamete providers receiving compensation in exchange for gametes.
Article 3
- In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
- States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
- States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
*Denotes my interpretations, not personal beliefs, of the articles. Interpretations of these articles are likely to have informed lawmakers in various states and countries as they put laws into place protecting the rights of donor conceived children.
While the United States, and specific states within the country, have laws that are less restrictive than those of other countries, the aforementioned articles are STILL important to consider when pursuing gamete donation.
For the full list of articles, please see the link below.
