Strollerderby

Journalist Suing for Sperm-Donor Dad’s Identity

Posted by on November 14th, 2008 at 2:51 pm

Oliva Pratten knows her dad was stocky. He had brown hair like her and blue eyes. She even knows his blood type. What she doesn’t know is who his or how he came to deposit a cup of sperm at a bank in her native Canada. Now she’s suing to find out. 

Pratten, a twenty-six-year-old journalist who now lives and works in New York, is suing on behalf of the spawn of all sperm donors in British Columbia, hoping to protect sperm bank records from a shredding of Arthur Anderson proportions. The goal, she says, is to end the practice of destroying medical records after six years practiced by many fertility doctors. The suit has already ensured a temporary injunction against destroying the paperwork in British Columbia, laid down by chief justice of the BC Supreme Court. 

Currently adoption records in a number of Canadian provinces, including British Columbia, are protected. Pratten says that protection should apply to the children conceived by gamete donation because they too have a biological parent mystery to be solved. The fertility doctor who helped her mom get pregnant respectfully disagrees. He says he’d be violating the man’s confidentiality, and without a signed release he’ll give her no more than the basic medical facts.

I’m a big proponent of open adoptions, and I’d say that would extend to gamete donations. Kids should get the full story if everyone agrees to share it. But that’s a very personal if. If a guy walks into a medical office today with the full knowledge he might have a kid knocking on his door in 18 years, that’s one thing. It’s why I think all donors today should be subject to having their identity shared with their “kids” down the road. For the kids’ sake.

But for the medical student who yanked off into a cup to help pay his tuition twenty-six years ago, thinking he was doing so under a shroud of anonymity? Is anything more than disseminating medical information to the products of his donation a violation of his privacy? Or should a guy going through med school have been capable of seeing this coming?

Image: Vancouver Sun

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11 Comments

I think any one should be able to have a child if they want to–single, homo/hetero, whatever. But even when I was a teenager (I’m in my 30s now) I knew that these kids were gonna grow up and be pissed. Where are their rights in all this? I couldn’t believe how no one was thinking about the fact they’d grow up and be asking questions only to be disrespectfully told they had no “right” to know who their dad is? What nerve on the part of the doctors, mom, and donor (seller really), all three. The US needs to follow other countries’ lead and outlaw annonymous donorship. Other countries have listened to the voices of the children, as they well-should. Sperm (and egg) donation needs to be reframed with the *people* (who won’t be babies for long) they are CREATING in mind. Sheesh, isn’t it plain? It’s normal to want to know both parents’ goddamn names, even if your dad is a jackass you wanta know just to know.

These people who argue this are either unempathetic, selfish, control freaks, or all three. (Or maybe profit-motivated in the case of sperm banks themselves.) Whatever the case they aren’t thinking of the kids’ rights.

Yes of course some people have abusive parents, horrific parents, absent parents, never met their parent, yadda. None of these realities change the fact that everyone wishes to know their parents’ identities if nothing else. And to *know* this information is being *willfully and legally* with held from you for other peoples’ convenience is the height of disrespect toward these kids who were supposedly so desired.

Childrens rights first, please. So the sperm banks will be less prolific. Shouldn’t fairness and human rights trump a wanna-be parent’s right to handy and easy-access sperm (or eggs)? We are creating peopel afterall, not beningn little dreams come true. They will ahve dreams of their own as adults. Ripping up their donor’s documents is a really rude slap in the face to some of these dream-come-trues own dreams.

By the way. What brings a woman to a sperm bank? Obviously her desire for a relationship. Don’t be mean to these kids just because they have the natural human desire for a relationship themselves. Yeah alot of dads aren’t worth knowing. Doesn’t change the fact you wanna know the dude’s name.

Anonymous commented on Jan 01 70 at 12:00 am

As an adoptee and the mom of 2 children via IUI using donor sperm, I think if these people are literally giving us a gift, and if they don’t want to be found, then so be it.

My birth mother had a choice, she could have kept me, or worse, had an abortion. I don’t know if my birth father even knows I exist. I’m not going to mess with these people’s lives just because I’m curious about whose nose I have.

I am who I am, I’m me. I’m part of a family, a family who had to go through all kinds of stuff to get me. I have two parents. They love me–warts and all, and I love them–warts and all.

The same goes for my boys. Their dad is their dad.

Health issues….we all have them. I am approaching 41 and I’ve been getting mammograms and Pap smears and making an attempt to be healthy.

We all have issues. Even people who aren’t adopted have family issues and problems. It is time to get over the whole “have to find out who I am” thing.

Have some respect for the people who gave you life. If they want to be contacted, great. If not, leave it alone.

Almost anyone can make a baby. Not everyone can be a parent.

Anonymous commented on Jan 01 70 at 12:00 am

According to HFEA figures, the numbers of UK sperm donors have gone *up* in the two years since the ending of anonymity, thus reversing a three year decline. The 307 donors in 2006 was 48 more than in 2005, and the highest figure since 2001.

I don’t have a huge problem with sperm donors being paid, or the numbers of children per donor being increased, but we should never go back to the days of anonymous donors. The donor-conceived are the ones who matter in this, not the parents, not the clinics, and not the donors.

If a sperm donor wants to be anonymous, then he simply shouldn’t be a sperm donor. I was a sperm donor over 20 years ago, and if I have any genetic children looking for me, I’ve made it as easy as possible for them to find me.

Anonymous commented on Jan 01 70 at 12:00 am

How can you retroactively say that this donor’s identity is no longer private? If a donor give permission at the time of the donation OR if privacy is not assumed at the time of donation by changing current law then fine. But I’d bet that many donors only sold their sperm because they were assured at the time that it would be private.

Anonymous commented on Jan 01 70 at 12:00 am

I disagree that children have a fundamental right to know that trumps the anonymity that was promised these men when the original arrangement was made. At most, maybe the original donors could be contacted *by the clinic* and told that their sperm donation had resulted in living children who now wanted to make contact as adults. If the donor still says no, his wishes should be respected. After all, even if the child gets the donor’s name, there’s no way that he can be forced to have contact.

diera commented on Jan 01 70 at 12:00 am

All that should be released is the donor’s medical information. Complete medical information is important for the child, including mental health history, history of family diseases, etc.

This man chose to remain anonymous and his wishes should be respected. If she has a problem with this, she shoudl take it up with her mother, who chose to have a child this way.

smiths77 commented on Jan 01 70 at 12:00 am

Interestingly, this has already happened in the UK. This link goes to an article about the reversal of confidentiality laws in the UK in 2005 and the fallout in the years since then.

http://www.cbsnews.com/stories/2008/11/13/health/main4597958.shtml

Anonymous commented on Jan 01 70 at 12:00 am

If sperm donors are no longer anonymous and might have some “child” knocking on their door 20 years later than many fewer people will consent to donate and many infertile, lesbian, or single parents will never have children at all.

Everybody wins

Anonymous commented on Jan 01 70 at 12:00 am

I agree completely with Shannon. Children’s rights first.

Anonymous commented on Jan 01 70 at 12:00 am

The children’s rights outweigh the “donors” (which aren’t donors at all, but sellers).

End of story. You will never sway me otherwise. And the laws shoudld be changed to reflect that so there is never an expectation of privacy from gamete donors (I also think they should stop paying them).

I think it should be open records at the age of majority in each country. So there’s no chance of a man getting sued for child support. But the adult children of donors have a fundamental human right to know who their biological progenitors were. This right far outweighs the right to anonymity of “donors.”

Shannon LC Cate commented on Jan 01 70 at 12:00 am

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