The ethics of sperm donation

The ethics of sperm donation
Should donators of sperm remain anonymous? Some people say yes, others say no. But most assume that the argument is in principle resolvable if we can apply the right principles in relation to accurate evidence.

But supposing it isn’t? Supposing the argument is demonstrably irresolvable? Supposing that here we come up against an ethical impasse: an example of what the ancient Greeks called ‘aporia’, when either way to go is equally impossible? What would that imply?

I shall return to the last question presently. To begin with I want to argue that this argument indeed issues in an ‘aporia’.

On the one hand, sperm donors should remain anonymous. This is because they would otherwise become personally connected with a situation with which they should not really be personally connected. For even if the donor is known to the recipient he has not been selected as a friend, but as someone whose sperm is instrumentally useful – likely to be healthy, genetically reliable and so forth. His sperm supplies a material lack either within a personal relationship or for an individual woman. Hence disclosure implies a meaningful connection which is inappropriate. To the male partner in an unfertile relationship the donor must then inevitably appear as a kind of virtual adulterer. Equally, for the offspring of sperm donation, affection will naturally reach out towards the biological father, even though he has no intention of establishing a social relationship of paternity. Hence the properly instrumental function is subverted with inevitably ensuing suspicions and rivalries between male partners and male donors that can be catastrophically damaging for family relationships. One might say that these are natural rivalries artificially induced.

On the other hand, sperm donors should not remain anonymous.

A child has every right to know the identity of his/her natural parents. Any other view would render biology irrelevant to our sense of who we are, which would be an ironic conclusion in the light of our modern knowledge of genetics. Quite apart from the medical importance of knowing one’s genetic inheritance, our sense of identity requires us to relate to our natural forebears as well as to our cultural forebears. We need to make sense of both sets of influences, because only an unwarranted dogmatism would deny that both are equally important.

Therefore disclosure is wrong and non-disclosure is equally wrong. Above all, both courses of action are potentially of equal damage for offspring. A further aporia results from the question of whether a child should be told the artificial circumstances of their birth or not. Again, they have a right to know their natural origin and yet one can also claim that the knowledge that personal and natural union have here been divided is inherently disturbing. No such division occurs in the case of adoption and the common idea that this provides is a parallel shows an inability to think clearly in the ethical field.

So what does it mean when a proposed course of action leaves one with two equally unacceptable choices? Does it mean that one should throw a dice or leave choices to individuals? No, it is rather a sign that the proposed action is wrong in the sense of being practically-speaking incoherent or irrational.

For on either side of the aporia the problem is the separation of the interpersonal from the natural. This denies our strange hybrid nature as specifically rational animals. Whatever science may say, this is how in practice we have hitherto regarded ourselves. This is what makes us human. We stop being human if down one fork we deny our rational power of choice or down the other we deny our animality. Thus in relation to reproduction we only remain human when sex and procreation and so love and sex – even the love of a one-night stand – are held together. Then and then only we can say to ourselves that our very animality is the result of an interpersonal choice. Clearly, of course, this can only be a heterosexual choice, not because homosexual relations are wrong (I would not argue this) but because they cannot naturally issue in procreation.

Therefore one should welcome the fact that few men are prepared to donate their sperm. Implicitly they are following the correct line of practical reasoning which I have just sketched by not randomly dispersing their seed as if they thought of women like mere terrain.

To medicalise and sociologise this reluctance is to surrender to market and state infiltration into the very heart of human intimacy. It is to go along with the commodification and bureaucratisation of human reproduction. It is to promote a fascistic mass control of human biology which alienates the ‘rational’ side of our animality to science and reduces the animal side to that of nature in general. Under the illusion of an impossible ‘choice’ that we should not be granted, the power of human reproduction is gradually removed from the free control of human beings in relationship.

That, of course, is what has already happened in the field of production in general. For capitalism, as for technocratic science and bureaucracy, ordinary parents and families are like peasant proprietors and smallholdings. Eventually, of course, their function must be abolished as inefficient, unreliable, uncontrolled and likely to yield too many ‘poor crops’. Only naivety of the direst kind would fail to realise that the secret, usually unconscious aim of practices of surrogate birth is to legitimate only technologised, artificial reproduction removed from the scope of human inter-relationship, which is to say, removed from the scope of human love.

Let us salute then, the reluctant. May they long hold out against the liberal elites – both those who know too well whither they tend, and the vast majority who, in their folly, do not.

News Alert: There Are 50 States & Michael Jackson’s Children Were Born in Only One – California

 

California is one of the only states that permits the intent of the parent(s) to govern their parental rights, so that the intended parent (or intended parents) are listed as the legal parents on the birth certificate, regardless of biological connection, so long as this intent is formalized in an agreement/consent.

I, like all of us, have been intently watching the news involving Michael Jackson and his children, yet what amazes me is that lawyers on TMZ and other national news outlets are declaring that Michael “never formally adopted the children.” Therefore, he must not be the father of these children…..And, they then ask, who are the parents of these children?

Well, guess what? He is the father – no adoption required in this case no matter if he is the biological father or not, which appears to be the case for all three children. In California, surrogacy law is very clear as to who is the parent, regardless of biological connection, based upon intent. We can only guess at the facts in this case, but a birth in California with a surrogate, egg donor and sperm donor, will not affect his rights to these children, or the rights of his children to his estate. The only uncertainty is the fact that he was married to Ms. Rowe at the time of the birth of the first two children. She may certainly have a claim if she remains on the birth certificate, again even if an egg donor was used.

What people have to remember is that almost all people have the desire to be a parent, even Michael Jackson, so we need to remember his intentions to be a father, instead of focusing on the drama surrounding these children. Let’s hope they can move forward without their father in their lives and become successful adults without the media making it worse

Jackson’s youngest highlights donor, surrogate secrecy

By Janice Lloyd, USA TODAY

If Michael Jackson’s youngest child ever wants to explore his roots, the task probably will be daunting and perhaps impossible, legal experts say.

Adopted children in many states are able to contact their biological parents once they reach a certain age, but those avenues are not as available for children whose conceptions are the result of assisted-reproduction technology.

Unless Jackson left information about the woman who donated the egg or the surrogate or donor come forward, experts say it is doubtful the child will ever know everything.

“This is the same issue that came up many years ago with adoption,” says Judith Sperling-Newton, a lawyer for the Law Center for Children & Families in Madison, Wis. “With adoption there’s been a great deal of legislation to have adoption search agencies and the opportunity for placing parents to reconnect with children years later, but we haven’t had anything like that (on a large scale) with respect to assisted reproduction.”

Debbie Rowe was married to Jackson and gave birth to the first two children. The youngest child was born to an unidentified surrogate. Rumors about his sperm and egg donor have been topics of discussion.

Assisted reproduction has become a method for infertile couples, gay couples and singles to have children. The technology leads to the births of tens of thousands of children every year. At the beginning of the process, experts say, intended parents enter into contracts with egg, sperm and/or embryo donors and the surrogates to protect themselves and the confidentiality of the donors.

“It’s not just about secrecy,” Sperling-Newton says. “It is because in some areas of the law, we don’t have 100% protection for the recipient parents that a biological parent couldn’t come back at some point and say, ‘That’s my baby.’ That’s why confidentiality documents are drafted.” The documents also prevent children and parents from going back to the donor and asking for financial support.

Official birth certificates also are not likely to carry names other than those of the intended parents, says John Greene, a law partner with Cohen & Greene in Annapolis, Md.

Dean Masserman, a lawyer in Southern California and owner of an egg-donor company, says surrogates are not identified on birth certificates because they are “not considered to be parents. Most often the egg used is from a donor and the surrogate is only a carrier.”

Medical records and hospital records would list the surrogate’s name, says Michelle Keeyes, a lawyer with the National Fertility Law Center, but “those records are sealed records and could only be opened under a court’s order.”

Sperling-Newton says she cannot recall a case in which the surrogate wanted to know the offspring. She agrees with Masserman that surrogates are rarely the egg donors. “They’re incredibly altruistic people who are doing this service for parents who want to have children.”

Sperling-Newton says more needs to be done regarding fertility law. “The law in the area of assisted reproduction is decades and decades behind science,” she says.

UK’s First Surrogate Gay Dads Expecting Fourth Child

By On Top Magazine Staff

Published: June 20, 2009

The gay couple that caused an uproar when they became the UK’s first surrogate gay dads say they are expecting a fourth child, the UK’s Mail Online reported.

Barrie and Tony Drewitt-Barlow received international attention in 1999 when they traveled to the United States and participated in the IVF procedure that produced twins Aspen and Saffron.

The couple became fathers for the third time four years later with the birth of Orlando.

“I am really looking forward to Father’s Day this year,” Barrie, 40, said.

“We had the pregnancy confirmed and we are going to find out today whether it’s a singleton or whether it’s a twin pregnancy. We know we are pregnant but we don’t know how many yet. The baby is due on Valentine’s Day.”

The Chelmsford, Essex couple drew controversy when they became the first gay couple to be jointly named fathers on their children’s birth certificates after a lengthy legal battle decided by the U.S. Supreme Court. The pair, who became millionaires in 1998 when they sold their clinical research company, entered into a civil partnership in 2006, soon after returning to Britain from living in Spain.

The gay dads attempted to adopt a child before they investigated surrogacy, but despite glowing references by their social workers they were denied twice.

Barrie told the paper that the new baby’s egg donor was a Japanese woman from San Francisco, and they were using the same surrogate mother who gave birth to Orlando.

The Drewitt-Barlows, who have been accused of designing babies with past pregnancies, said they left the sex of the baby to chance.

Indian Court Overturns Gay Sex Ban

July 3, 2009, New York Times

NEW DELHI —In a landmark ruling Thursday that could usher in an era of greater freedom for gay men and lesbians in India, New Delhi’s highest court decriminalized homosexuality.

“The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognizing a role in society for everyone,” judges of the Delhi High Court wrote in a 105-page decision, India’s first to directly address rights for gay men and lesbians. “Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized,” the decision said.

Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting “carnal intercourse against the order of nature with any man, woman or animal.” The law, known as Section 377 of India’s penal code, has long been viewed as an archaic holdover from colonialism by its detractors.

“Clearly, we are all thrilled,” said Anjali Gopalan, the executive director and founder of the Naz Foundation, an AIDS awareness group that sued to have Section 377 changed.

“It is a first major step,” Ms. Gopalan said during a news conference in Delhi, but “there are many more battles.”

Thursday’s decision applies only in the territory of India’s capital city, but it is likely to force India’s government either to appeal the decision to the Supreme Court, or change the law nationwide, lawyers and advocates said.

Outside the hall where the Naz Foundation news conference was held, dozens of young men and women gathered to celebrate, along with a group of hijras, men who dress and act like women who classify themselves as belonging to neither gender. “It is a victory of human rights, not just of gay rights,” said one 22-year-old man who only identified himself as Manish.

Gay men and women have rarely been prosecuted under Section 377 in India in modern times, but it has been used to harass, blackmail and jail people.

Britain legalized homosexuality in England and Wales in 1967, but many of its former colonies, including Singapore, Zimbabwe and Malaysia, still retain strict laws against same-sex relations.

India’s society is generally unwelcoming of homosexuality except in the most cosmopolitan circles. It is not uncommon for gay men and women to marry heterosexuals and have families, while carrying on secret relationships with members of the same sex.

In their decision, Chief Justice A. P. Shah and Justice S. Muralidhar declared Section 377, as it pertains to consensual sex among people above the age of 18, in violation of important parts of India’s Constitution. “Consensual sex amongst adults is legal, which includes even gay sex and sex among the same sexes,” they said.

The old law violates Article 14 of the Constitution, which guarantees all people “equality before the law;” Article 15, which prohibits discrimination “on grounds of religion, race, caste, sex or place of birth;” and Article 21, which guarantees “protection of life and personal liberty,” the judges said.

Acceptance of homosexuality has thawed somewhat in recent years in some urban areas. Gay pride parades in Indian cities last weekend attracted thousands of marchers, and several recent Bollywood movies, like “Dostana,” have included gay themes and characters, often played by Bollywood’s biggest heterosexual stars.

Still, the decision was condemned from many corners in India. “This is wrong,” said Maulana Abdul Khaliq Madrasi, a vice chancellor of Dar ul-Uloom, the main university for Islamic education in India. The decision to bring Western culture to India, he said, will “corrupt Indian boys and girls.”

The High Court’s decision should be overturned, said Murli Manohar Joshi, the leader of the main opposition Hindu nationalist Bharatiya Janata Party. “The High Court cannot decide all things,” he said.

The ruling comes after a decade-long, broad-based campaign organized by gay rights advocates, authors, celebrities, lawyers and AIDS awareness groups from around the world. India has one of the world’s largest populations of people with AIDS, and Section 377 was viewed by many advocates as a hurdle to education about safer sex.

Now that the High Court has ruled against Section 377, some say the next step is a change in the way that society views gay people.

“The real problem is still the stigma attached,” especially outside big cities, said Ritu Dalmia, one of India’s best-known chefs, who lives with her girlfriend in New Delhi.

Change particularly needs to happen in rural India, she said in an e-mail message Thursday afternoon. “I have met women who were forced to sleep with men so that they could be ‘cured’ of homosexuality,” she said.

“Today is a historical moment where at least some tiny steps have been taken, but there is still a very, very long road ahead,” she said.