A Worldwide Call for Donor Registries
Australia's Pioneering Approach to Donor Registries
Among the countries grappling with the complexities of donor conception, Australia stands out as a pioneer in implementing legislation that guarantees children conceived through egg or sperm donation access to vital information about their parent’s donor. However, it's essential to understand that regulating sperm and egg donations in Australia varies from state to state since each state independently governs health care due to the division of powers under the Australian Constitution.
Certain Australian states, such as Victoria, South Australia, Western Australia, and New South Wales, have established centralized donor registers, setting a high standard for transparency. In contrast, other states, particularly Queensland and Tasmania, do not. Without dedicated legislation, the National Health and Medical Research Council (NHMRC) ethical guidelines come into force in these states. These guidelines grant any child conceived after 2004 the right to access their parent’s donor identity when they turn 18. While the NHMRC guidelines aren't legally enforceable, they do seem to significantly influence the field since clinics hold this guideline in high regard.
Victoria's Progressive Model
Victoria, a standout among the Australian states, sets an example of transparency and accountability in third-party-assisted reproduction. However, there's a crucial caveat – a consent requirement. When a donor requests this information, each of their offspring is notified, and their consent is an essential prerequisite before any data is released. While this approach respects the donor's rights, it also poses challenges, especially when individuals discover their donor-conceived status later in life, often through the Victorian Assisted Reproductive Treatment Authority (VARTA).
This registry system ensures that every child has the right to know their origins, an approach that places the child's best interests at the forefront. This proactive stance addresses potential health and curiosity-related concerns that may arise later in life.
The U.K.'s Evolving Legislation
Let's shift our focus to the United Kingdom, where legislation regarding donor conception has evolved over the years.
Pre-1991:
Anyone conceived in a U.K. clinic before August 1991 has no legal right to access information in clinic records. Many of these records may have been destroyed, and access is entirely at the discretion of the record owners. Some older records found their way to the Human Fertilisation and Embryology Authority (HFEA), but they rarely contain identifying information. Donor-conceived individuals from this era can voluntarily register with the Donor Conceived Register (DCR) in hopes of finding potential genetic connections.
Post-1991 and Pre-April 2005:
If conceived in a U.K. clinic between August 1991 and April 2005, individuals aged between 16 and 18 can request information about donor-related siblings from the HFEA. Parents can also request non-identifying information about the donor, such as physical attributes, on behalf of their child until they turn 18. These services are free of charge.
Post-April 2005: New Rights Established
Individuals conceived in a U.K. clinic after April 1, 2005, have more comprehensive rights. Those aged 18 or above can request the identity of their donor, including their name, date of birth, and last-known address from the HFEA. Non-identifying information about the donor is also available. Joining the HFEA's Donor Sibling Link register allows individuals aged 18 and above to exchange information and potentially connect with donor-related siblings.
In the U.K., as in Australia, donors possess rights. However, these rights come with limitations. Donors can request information about the number, gender, and birth year of donor-related offspring in U.K. clinics, but they cannot access additional information. For individuals conceived through informal donation, the information shared with donors depends on the discretion of the parents.
In our podcast episode, we wondered how individuals unsure about their conception or parentage might be able to use this legislation to their advantage. For example, we discovered that the HFEA offers services in the U.K. to check whether they are genetically related to someone they are in an intimate relationship with. Individuals aged 18 or over can also inquire with the HFEA about any records about their conception, provided the conditions for access are met.
Exploring the United States Perspective
Now, let's turn our attention to the United States, where donor conception regulation is a patchwork of state-level approaches. No centralized national donor register or uniform federal legislation governing donor conception exists. Instead, individual fertility clinics determine their practices, resulting in significant variations and ethical uncertainties.
However, Colorado has recently emerged as a trailblazer in the USA. The state has granted donor-conceived individuals the right to learn their donor's identity when they turn 18, along with access to that person's medical history. This groundbreaking change, known as the "Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act," becomes effective on January 1, 2025. It also includes provisions to cap the number of families using a specific donor and mandates sperm and gamete banks to maintain donor records and regularly update medical histories. The minimum age for donation will be raised to 21. This transformative change is attributed to the efforts of the U.S. Donor Conceived Council, the first nonprofit organization formed and led by donor-conceived individuals in the United States.
Ethical Considerations and Informed Consent for Donors
The ethical complexity surrounding donor conception involves multiple parties with differing interests. Informed consent is paramount, underscoring the need for individuals considering sperm or egg donation to understand the possible long-term effects of their choice fully.
As technology advances, it's now easier to access genetic testing and home DNA kits. The industry can no longer guarantee anonymity for those who want to remain anonymous as donors. Donors should weigh how your decision may impact your future, family, partner, and children. Those considering sperm and egg donation shouldn’t do so lightly. This is a choice that goes beyond just affecting you.
This calls into question keeping donors anonymous and emphasizes the global importance of ending anonymous donations. When policymakers create laws related to assisted reproductive technology, they must also consider the rights of donors, as seen in Victoria's approach.
The Missing Link: Lagging Policies & A Global Quest for Change
The strongest argument in favour of making donor information available is to help donor-conceived individuals form their identities fully. Not knowing one-half of their biological history can complicate this process, and access to medical history becomes particularly crucial during significant life events, such as serious illnesses, mental health or when they have children.
Consanguinity is another concern, as the risk of having a relationship with a donor sibling, while statistically uncommon, weighs on the minds of donor-conceived individuals. Stories have emerged of people unintentionally encountering donor siblings.
Australia and the UK have made commendable strides in safeguarding an individual's right to know their origins. However, it's worth noting that Canada and a staggering 192 other countries currently lack similar legal frameworks. Today’s rapid evolution of technology is outpacing the development of policies. We urgently need to prioritize this issue globally. It's crucial to prevent policy from falling further behind in protecting the interests of donor-conceived individuals, who are at the core of the very existence of this groundbreaking technology.
In Conclusion, Paving the Way for a Future in Fertility
As the fertility industry evolves, we must explore new areas of third-party reproduction—what we like to call the "Fertility Frontier"—to ensure we're prepared for the challenges and opportunities ahead." - A Call for Global Adoption of Donor Registries
Thank you for being a part of this journey as we explore new areas of third-party reproduction that must be considered as the fertility industry grows. We look forward to continued discussions that will drive our collective understanding of this critical evolution.